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(영문) 인천지방법원 2013.11.07 2013고합635

배임수재

Text

This case shall not be under the jurisdiction of the court.

Reasons

1. The Defendant charged with the charge of safety, environmental management, and facility relocation at the site of the above secondary factory removal work ordered by D Co., Ltd. from January 2010 to D Co. 2 factory in Ulsan-gun, Ulsan-gun, the Defendant had a duty to protect the rights and interests of D Co., Ltd. since D Co., Ltd.’s employees from January 201 to E.

around April 3, 2010, the Defendant received a contract for the removal work from F and F, the representative director of E, from F and F, to make convenience in the removal work, and received 2 million won from F to the SC Bank account in the name of the Defendant, transferred 3 million won from G on April 12, 2010 to the same account; deposited 3 million won from F on April 13, 2010 to the same account; deposited 1 million won from G on April 28, 2010 to the same account; deposited 5 million won from G on May 12, 2010 to the same account; deposited 5 million won from G on May 25, 2010 to the same account; and deposited 5 million won from G on May 25, 2010 to the same account on May 25, 2010 to the total deposit received from G on May 25, 2010 to the same account.

As a result, the defendant acquired property of 12,520,000 won in return for illegal solicitation on the duties of protecting the rights and interests of the company as a supervisor of removal work of the company.

2. Article 4(1) of the Criminal Procedure Act provides that territorial jurisdiction shall be the place of crime, the address, the domicile, or the present location of the defendant. The crime scene of the facts charged in this case or the address, the residence, or the present location of the defendant are all determined not to be the jurisdiction of the court. Since the defendant applied for the violation of territorial jurisdiction prior to the statement of the case against the defendant, this case does not fall under the jurisdiction of the court, and is thus decided as per Disposition pursuant to Articles 319