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(영문) 대구지방법원 2017.04.12 2017고정142
배임수재
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as a designer of Samsung Bio-resources, is a person who was a school meal member at B high school from March 2012 to February 2015.

Since the Defendant was a school meal member of B high school from March 2012 to February 2015, the Defendant had a duty to thoroughly conduct sanitary inspections on the entrusted school meal service companies every year as delegated by the school.

Nevertheless, on August 2012, the defendant is the representative of C representative D, which is a school meal service provider, and the defendant tried to submit a proposal to be selected as a entrusted meal service provider.

Along with an illegal solicitation to the effect that granting a high score C and even in the future, C may continue to be a commissioning enterprise, the defendant is subscribed to insurance solicited by the defendant in return for an illegal solicitation.

The Defendant, from February 8, 2013, provided entertainment for more than one time from the above D as stated in the list of crimes in attached Form D, and acquired financial benefits equivalent to KRW 5,580,696, from the time of receiving insurance allowances equivalent to KRW 3,792,832 from Samsung Life Insurance Co., Ltd. to pay KRW 589,160 per month to D, from February 8, 2013, from that time, the Defendant provided entertainment for more than one time between Samsung Life Insurance Co., Ltd., which had to pay KRW 589,160 per month to D, and obtained financial benefits equivalent to KRW 5,580,696.

Accordingly, the defendant acquired property and property benefits in return for illegal solicitation in relation to his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to documents on insurance contracts, letters of expenditure, details of payment of D premiums on behalf of D premiums, content of message conversations, details of disbursement of corporate card entertainment expenses;

1. Relevant provisions of the Criminal Act and Article 357 (1) of the Criminal Act concerning the selection of punishment (Selection of a punishment penalty);

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

1. The Criminal Act to attract a workhouse;

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