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(영문) 부산지방법원 2016.09.30 2016고합517
배임증재등
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1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

2. Defendant B shall be punished by imprisonment for eight months.

(2).

Reasons

Criminal facts

[2016 Gohap 517] Defendants

1. Defendant A

A. The Defendant is a person who actually runs a stock company C (hereinafter “C”) with the purpose of intermediate recycling of designated wastes at H in the G, Gyeongdong-gun, G, which is for the purpose of intermediate recycling of wastes.

Defendant was aware that he had been in common.

B was aware of the fact that the I corporation, the customer of C, is in charge of waste discharge-related affairs, waste company selection affairs, and on-site inspection of waste companies, while working in the production team of the I corporation located in the I corporation in the I corporation of the C, the customer of the C, with money to B and received bid-related information from B and received illegal solicitation.

Around September 3, 2015, the Defendant made an illegal solicitation to B to the effect that “a request was made to provide bid-related information, such as bid price, and to be selected as a trading company in the future,” and provided KRW 500,000 in cash under the pretext thereof, from around that time to April 16, 2016, the Defendant offered KRW 29,50,000,000 in total under the same name for 12 occasions, such as the list of crimes (1) in the attached list of crimes.

(b) No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium;

Nevertheless, the Defendant, in collusion with C’s staffJ, had been willing to open a passbook in the name of J and transfer it to B for the purpose of giving property to B as above.

On December 21, 2015, J opened a passbook (K) in its name at the Doocheon-ro, Doocheon-ro, 190, Doocheon-ro, Doocheon-do, 190, and opened it to the defendant at the Da office, and the defendant assigned a passbook, cash card, and password connected to the J account to B within the Doo-dong, Doocheon-ro, Doo-ro, 190.

Accordingly, the defendant transferred access media to B in collusion with J.

2. Defendant B

A. Breach of trust.

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