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(영문) 의정부지방법원 2018.10.04 2018고정864
배임증재
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B From October 7, 2015 to June 2017, 2017, the victims D and E working in Dongducheon City of Gyeonggi-do as the main store in the cafeteria-si of Dongducheon-si of Gyeonggi-do, and took overall control of the affairs concerning the order management of the main materials and the inspection of the supply of food materials in the cafeteria-si of the above cafeteria-si, and was in the position to exercise influence over the selection of food materials suppliers and the determination of the quantity of the supplied goods, and the maintenance of the supply contract.

Defendant

A is the representative of "G" that is a distributor that supplies food materials, and is a person who exercises overall control over the business of the above company.

1. On September 5, 2016, Defendant B received KRW 500,00,00 from the H bank account (Account Number: I) in the name of the Defendant’s name, to the effect that “F” restaurant provides for food materials required at the F restaurant from G, and supply and inspection of food materials supplied by G is difficult, even if G costs and quality are not high compared to other food materials suppliers, the supply quantity is reduced, and the food materials are continuously supplied by G,” and thus, offered KRW 50,000 to the H bank account (Account Number: I) in the name of the Defendant.

In addition, the Defendant’s indictment from around that time to May 18, 2017 is written as of April 2, 2017, but it is obvious that it is a clerical error.

Until the day, a total of KRW 4,50,000 was remitted from A in the name of solicitation to change convenience in G at least nine times in total, as shown in the list of crimes in attached Form A.

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

2. A around September 5, 2016, Defendant A transferred KRW 500,00 to the H bank account (Account Number: I) in the name of B, on the pretext of a solicitation to the effect that he/she would make convenience available to G at the above “F restaurant,” as described in paragraph 1 above.

In addition, the defendant written indictment from around that time to May 18, 2017 is written on April 2, 2017.

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