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(영문) 인천지방법원 2014.12.11 2014고합390

배임수재

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal power] On February 9, 201, Defendant A was sentenced to one year and six months of imprisonment, and three years of suspended execution to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Seoul Western District Court on February 9, 201, and the judgment was finalized on February 17, 2011.

【Criminal Facts】

Defendant

A served in Dong Food Co., Ltd. from August 17, 1989 to August 26, 2010, and around the time of the instant case, a person who was in charge of marketing and the overall management of the selection of sales and promotional suppliers. Defendant B is the H’s representative director, a manufacturer of plastic smuggling containers, etc.

Defendant

A, as the chairperson of the Commission on Evaluation of Products in the Company, tried to exercise influence as the chairperson of the Commission on Evaluation of Products in around 2009 so that Defendant B can supply the above “G” container equivalent to approximately KRW 850,000,000 in total to the same food.

1. Defendant A

A. On February 24, 2010, the Defendant, within the office of the above H, located in Sungsung City I, received the illegal solicitation from the above B that the above G containers can be supplied as sales promotion products in the future, and borrowed an electronic bill with a face value of KRW 50 million at interest rate of KRW 6% under the Commercial Act and the payment date until March 22, 2010, thereby acquiring financial gains equivalent to KRW 2.50,000,000 equivalent to the interest accrued until March 22, 2010.

B. On June 10, 2010, the Defendant was issued a copy of a cashier’s check at the office of K, Inc., Ltd., which is in the JJ, in receipt of illegal solicitation as stated in the preceding paragraph from the above B, and at the face value of 30 million won.

2. Defendant B lent an electronic bill to A with no interest rate of KRW 250,000,000 at the time and place indicated in the preceding paragraph, and granted a cashier’s check at a par value of KRW 30,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police concerning L;

1. Detailed statement of payment of electronic bills, copies of cashier's checks, and certificates of career 1.