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(영문) 창원지방법원 2015.06.16 2014고단2294
배임증재
Text

A defendant shall be punished by imprisonment for not less than eight 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 is the actual operator of D Co., Ltd. established for the purpose of selling ship supplies.

Since 1998, E Co., Ltd. and F Co., Ltd. performed the G Co., Ltd's agency business with respect to the ships operated by G Co., Ltd., Korea Joint Venture Co., Ltd.

1. H was in office as the director of the Incheon Office of E Stock Company and F Stock Company from 1998 to January 29, 2010, and was in office as the director of the Incheon Office of E Stock Company and F Company, with respect to vessels operated by G Limited Corporation, and managed the business of selecting various collaborative companies, such as repair of vessels related to vessels operated by G Limited Corporation, and determining the cost of goods and services.

Around January 208, the Defendant made an illegal solicitation to the effect that, in a ship operated by the above G G LLC, the Defendant intended to provide tax-free goods, ship supplies, etc. to H to be selected as a partner company of the above company, and the Defendant demanded H to continue to be maintained as a partner company. On March 2008, the Defendant received KRW 92,906,707 from the price of goods around that time, and then delivered KRW 2,787,00 equivalent to 3% of the above payment amount in cash to H in and around that time, from that time, from that time, the Defendant received the total claim amount of KRW 3 or 5% from November 2009 until November 2009, and delivered KRW 26,625,000 in total over 20 times by means of cash delivery to H in cash.

2. The evidence of breach of trust against I, from February 2010 to February 2, 2010, served as the director of the Incheon Office of E Stock Company and F Company as the successor of the said H, and has been delegated with the selection of various collaborative companies, such as repair of ships related to vessels operated by G Limited Corporation, and the determination of the cost of goods and services.

On February 2, 2010, the Defendant: (a) requested I to select him as a collaborative entity in the manner described in the preceding paragraph; and (b) demanded I to maintain him as a collaborative entity.

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