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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant, as the representative director of D Co., Ltd. (hereinafter referred to as D), has been in charge of overall control over the business of the company.
1. The defendant in breach of trust shall be the representative director D, and shall faithfully perform his duties for the company, and shall not perform the business of the company on his own account; and
Nevertheless, the Defendant, in breach of the aforementioned duty, received illegal solicitation from a tugboat company and a port service company to assign more tugboats or to request for allocation of harbor services, such as a large number of tugboats, etc., and the Defendant was willing to receive rebates equivalent to 5-15% of the tugboat usage fees and port service fees to be paid by a tugboat company or a port service company (hereinafter “additional rebates”).
Around January 2008, the Defendant received additional rebates from E in exchange for an illegal solicitation to request the allocation of 70-80% of the harbor services designated in D from F of Executive Director E at the Port Service Company E, and received KRW 2,773,059 equivalent to 15% of the port services fees paid on January 25, 2008.
As a result, the Defendant received approximately KRW 325,248,637 over 36 times, as shown in [Attachment Table 2] from around that time to December 2010.
B. On February 2, 2008, the Defendant received the additional rebates from G, and received an illegal solicitation from D office to request H to allocate more than a number of tugboats at a tugboating business chain’s representative director. On February 4, 2008, the Defendant received KRW 3,100,000, which is the rebates amounting to 5% of the tugboat usage fees paid to G around February 4, 2008.
As a result, the Defendant received a total of KRW 100,100,000 from around that time to December 2010, as shown in the attached list 3, as well as the Defendant’s total of KRW 21 times.
C. The Defendant who received additional rebates from I is at the D office around March 2008.