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(영문) 부산지방법원 2019.09.20 2019고합152

배임수재등

Text

1. The defendant shall be punished by imprisonment for a period of one year and four months;

2. 75 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2019Gohap152]

1. B is a person who, as the chairperson of the Korea Labor Relations Commission from January 21, 2009 to May 20, 2010, has overall control over the affairs of the association, such as personnel affairs, such as new admission, transfer, etc. of members and budget execution, as the chairperson of the Korea Labor Relations Commission, and thereafter, exercises the right of recommendation against employees E in labor union or promotion based on the background of the former chairperson’s status.

F is a person who, after being appointed to the Chapter D Trade Union E with C's aid around March 2017, manages the affairs of recruitment and promotion of new members of E, recommendation of the head of Ban, placement of human resources, wage payment, etc., and B is a member of the D Trade Union E.

As a special relationship between C and several years, the Defendant has been involved in the solicitation for employment and promotion of DNA labor union by taking advantage of such status, such as the employment and promotion of ASEAN, Ha and I through C through C.

The promotion of D's assistance is decided by the head of the branch office on the recommendation of the head of the Ban, and it is later reported to the chairperson.

On September 13, 2018, the Defendant received an illegal solicitation from K to the effect that “Any son B, who is a member of the Damno E, is changed to a group,” and then received cash of KRW 75 million at that time, and then, upon requesting C to promote B, notified C of the name and resident number of B around January 13, 2018.

After that, C instructs F, who became aware of the foregoing circumstances, to promote B as lighting, and the paper stating the name of B and resident numbers, to B, and F, to promote B as lighting, according to C’s order, around February 1, 2018.

In order with C and F, the Defendant received money and valuables in collusion with C and E in return for an illegal solicitation with respect to the duties of C and E, which were in a position to exercise de facto influence over D and E personnel affairs.

2. A defendant who violates the Act on Registration of Credit Business, etc. and Protection of Financial Users shall engage in credit business to the competent Mayor/Do Governor;