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(영문) 서울중앙지방법원 2017.11.23 2017고합499
배임증재
Text

Defendant shall be punished by imprisonment for a term of 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

As the representative director of B, the Defendant is a non-official broker under a contract under which C Co., Ltd. (hereinafter referred to as “C”) exports three diving boxes to D Government (hereinafter referred to as “the instant diving box”), and F is a person who served as C representative director from March 7, 2006 to March 29, 2012, and as C representative director from March 30, 2012 to April 1, 2014.

The Defendant only maintains personal friendship after the first call in the course of G school’s highest manager in G school around 2007, and there is no official relationship, such as entering into an employment contract with C or being designated as an agent by C.

1. From September 2010, H (hereinafter “H”) was merged with J around the end of September 2010, when it was promoting the business that was built from around September 2003 to export from the present government to the D government, it became that C was in direct charge of the construction and export of the instant diving box.

On the other hand, the defendant around 2010, from K (K; hereinafter "K") which is a hub for the brokerage of local munitions in D, "the intention is to enable D munitions brokerage companies within the inside to act as a broker for C (AB) and to act as a broker for D government's promotion." After receiving a proposal, the defendant talks with B where it is difficult to negotiate with C because it is well known that C is the president in the Republic of Korea. Accordingly, I would like to solve it by requesting the F president at the request of the latter.

As a result, the export contract of the instant lock box was concluded, "the fee (the increase) is different," and the above proposal was accepted.

In addition, the Defendant had F play a role of transferring the Republic of Korea to K in relation to the export business of the diving of this case.

K's hidden partnership.

There is a kind of relationship between husband and wife;

The appointment of B from K as transfer to E on the part of the Republic of Korea, and the question is whether she has a friendly relationship with her.

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