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(영문) 창원지방법원 2014.10.08 2014고단2302
배임수재
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From around 2005, the Defendant served as the D team leader of the Incheon Office of the Korea Coast Guard, and from around 2008, the Defendant took overall control of the affairs related to vessel repair and vessel supplies.

1. Around March 2008, the Defendant received money from F, the Defendant requested F to supply fire-fighting equipment at the office of Incheon, Jung-gu Incheon, Jung-gu, Incheon, Incheon, the 1-7 International Passenger Terminal 2 International Passenger Terminal, for the payment for the supply of fire-fighting equipment, from F, and received money from F, the Defendant was transferred KRW 30 million to the Agricultural Cooperative account in the name of the Defendant’s wife, as a honorarium for assisting F in the supply cost of the fire-fighting equipment and the future supply contract.

As a result, the defendant acquired property in return for an illegal solicitation as to his duties as a person who administers another's business.

2. Around February 2009, the Defendant received money and valuables from I, at the Incheon Jung-gu Office of International Passenger Terminal 1-7, Jung-gu, Incheon, the 1-7 International Passenger Terminal, demanded for the consideration for vessel repair and delivery of vessel supplies to I, who is the subcontractor of the Hadong-dong Limited Corporation, and received KRW 30 million from I on February 20, 2009 as the honorarium for assisting the repair of the vessel and the delivery of vessel supplies.

As a result, the defendant acquired property in return for an illegal solicitation as to his duties as a person who administers another's business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each prosecutor's statement concerning F and I;

1. Application of the statutes governing H’s extraction of transactions in agricultural accounts;

1. Relevant Article 357 (1) of the Criminal Act concerning the facts constituting an offense and Article 357 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Code of the Republic of Korea does not want to punish the defendant.

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