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(영문) 부산지방법원 2019.09.20 2019고합114
배임증재
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[Criminal Power] On August 11, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court, and completed the execution of the sentence in the Daegu Prison on June 8, 2017.

【Criminal Facts】

B, from January 21, 2009 to May 20, 2010, as the chairperson of C labor union, overall management of C labor union affairs, such as joining members, personnel affairs such as promotion, etc., management of union budget, and external activities, etc. After that, a person who actually exercises the right to recommend employment or promotion of C labor union D branch or promotion, based on the background of the former chairperson's status, is a person who has maintained the special relationship E with B.

F is a person who, at around March 2017, was appointed to the head of the CEU sub-head with the aid of B around March 2017, supervises the employment and promotion of new members of the D branch, recommendation of the head of the Ban, placement of human resources, wage payment, etc., and G is a member of the CEU sub-head.

On September 1, 2017, the Defendant, in and around the end of the Busan Young-gu H hotel, offered KRW 75 million in cash, including money received from G, to E with an illegal solicitation to the effect that “B promotion of G to the Cno-Ma” in the vicinity of the E’s vehicle parked around the Busan Young-gu H hotel, and the Defendant offered KRW 75 million in cash, including money received from G, to E through B, made F, the head of the D branch, to be promoted to G, and the F promoted G to the head of the Cno-Ma branch around February 1, 2018.

Accordingly, in collusion with G, the Defendant made an illegal solicitation and provided property in relation to the duties of B and D division chiefs who were in the position of exercising de facto influence on the personnel affairs of the branch.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the police officer in G (second time);

1. A copy of the protocol of examination of suspect E by the prosecution (five times);

1. An interrogation protocol of I by the prosecution (third time);

1. A copy of each statement made in F (1, 2 times);

1. A copy of the prosecutor's statement concerning B (Evidence 48), the prosecutor's protocol of statement (Evidence 56), the prosecutor's protocol of interrogation of suspect (Evidence 60).

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