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(영문) 인천지방법원 2014.11.27 2014고합307
배임수재등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

72,428,140 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant served from March 2010 to January 201, 201 as K T&G headquarters H, and from February 201 to June 2012, the Defendant is a person who has overall control over K duties while working as K T&PJ from July 201 to June 201.

The defendant in charge of L business must thoroughly manage and supervise whether the duty-free tobacco is sold for the purpose of its use, and should not sell the duty-free tobacco for any purpose other than the special purpose tobacco specified in the Tobacco Business Act.

On January 24, 2013, the Defendant continued to supply duty-free tobacco for export to a vessel that is supplied with duty-free tobacco from the K T&C branch and supplies it to an ocean-going vessel, etc., which is not specified as special tobacco from N, and received a request from the K T& branch employees to refrain from departing from the business trip investigation in order to verify whether the exempted tobacco is exported. On January 24, 2013, the Defendant paid a large amount of KRW 1,098,310 of the insurance premium of E-cubed vehicles (vehicle No. P) operated by the Defendant under the name of O by the said NN, as a result, around January 24, 2013.

In addition, the Defendant’s list of crimes attached to the indictment and indictment on November 26, 2012, indicated that the first date of the payment of rent is “ December 1, 2012,” and the second date of the payment of rent is “ December 8, 2012.” However, in light of the statement of transaction by account of the Plaintiff’s account, etc., this appears to be a clerical error, and thus, the criminal facts and the list of crimes are corrected as above.

From around February 4, 2013 to around February 4, 2013, the Plaintiff acquired the total amount of KRW 72,428,140 on six occasions, in response to the illegal solicitation regarding the duties related to the L of the KT&G, as described in the attached list of crimes.

A person to prepare and issue a tax invoice pursuant to the provisions of the Value-Added Tax Act of "2014 High 617".

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