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(영문) 부산지방법원 2014.05.02 2013고합876
배임수재등
Text

A defendant shall be punished by imprisonment for six 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 head of the E-Trade FF branch and the head of the office, who is in charge of the management of union members and recommendation of new union members.

1. On April 12, 2012, the Defendant: (a) received a recommendation from I to recommend him/her to be employed as a regular partner in the F Co., Ltd. at the HG stores in Chang-gu, Changwon-si; and (b) received KRW 2 million from J to receive money and valuables from I in exchange for his/her duties; and (c) participated in the employment of others for profit.

2. On November 14, 2012, the Defendant: (a) received a recommendation from K located in the Jindo-gu, Changwon-si; (b) from L who worked as a daily YT engineer to recommend the FF corporation to be employed as a regular partner; (c) received KRW 3 million in return, in return, in exchange for the receipt of an unjust solicitation in relation to his/her duties; and (d) acquired money and valuables, and participated in the employment of others for profit.

3. On December 7, 2012, the Defendant: (a) recommended from K in the Seocho-gu, Changwon-si; (b) from M who worked as a daily YT engineer, to be employed as a regular partner with FF Co., Ltd.; and (c) received money and valuables in return for receiving KRW 3 million in return; and (d) acquired money and valuables in return for an illegal solicitation in relation to his/her duties; and (e) participated in the employment of others for profit.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol of suspect examination of I by the prosecution;

1. Each police interrogation protocol of M, J, or L;

1. Application of Acts and subordinate statutes to N’s statement statement;

1. Article 357 (1) of the Criminal Act applicable to the facts constituting an offense (the point of taking advantage of property in breach of trust) and Articles 107 and 9 of the Labor Standards Act;

1. Articles 40 and 50 of each Criminal Code of Trade (the punishment provided for a violation of each Labor Standards Act heavier than the punishment).

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