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(영문) 서울중앙지방법원 2015.06.04 2014고합1479

배임수재

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant served as the head of the operating division from around 2007 to September 2010 on the web that performs the development of Internet contents, the establishment of a web site, etc. from the web to the exhibition company (hereinafter “D”). The head of the operating division of the said company is called “PD” and the head of the operating division was in charge of the business of selecting external partner companies necessary to attract service projects and concluding subcontracting and re-subcontracts as well as the business of calculating service costs.

On December 26, 2008, the Defendant received an illegal solicitation from E’s representative F, a Internet design development company, to the effect that “the Defendant has been selected as a subcontractor, such as D or its subcontractor, and has been engaged in continuous transactions.” The Defendant demanded 5% of the total amount of the service contract in the cost of selecting a subcontractor, and received 75,000 won from the bank account in the name of G, which is the Defendant’s leakage, from December 26, 2008 to December 10, 2010, and received KRW 8,53,527 in total over 35 times as shown in the attached list of crimes. < Amended by Act No. 9273, Dec. 26, 2008>

Accordingly, the defendant acquired property benefits in exchange for illegal solicitation in relation to his duties while handling D's duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and the prosecutor's office or police's statement of F (a consistent statement to the effect that the amount constitutes 5% of the service payment received from D or subcontractor or that the amount of remittance adjacent thereto is the price for continuing to select E as subcontractor);

1. Statement of part of the protocol of interrogation of the accused by the prosecution against the accused (the purport that an amount equivalent to 5% of the service cost received by E, out of the money received from F, is the price for selecting a subcontractor);

1. Each data of financial transaction information, the head of the transaction office, and the certificate of deposit transaction performance shall be F on or after the date of receiving the service payment from D or the subcontractor;