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(영문) 부산지방법원 동부지원 2017.08.22 2017고합106
배임수재
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the regular director of H Co., Ltd. (hereinafter “H”), a company operating the city bus located in Suwon-gu Busan Metropolitan City in Busan Metropolitan City, and is in charge of the overall management practice of the above company. Defendant B is the director of the above company, who is in charge of the employment of new articles and management of articles.

1. The Defendants committed a joint crime committed by the Defendants, while taking charge of hiring new articles by examining documents submitted by the applicants who want to be employed as a bus engineer in H and attending an interview, and, even though there were duties to employ a new article through a fair review, conspired to receive entertainment in return for the employment of the applicants in violation of those duties and share the same with money and valuables.

In February 201, the Defendants received entertainment equivalent to KRW 333,333 of each of the Defendants on the job at the time of receiving a request to employ L from K, who is an H officer, as a H officer bus article at the seat of the Defendants and K, and received in return for the request to employ L as a H officer bus article at the seat of the Defendants and K, and received KRW 1,00,000 per cash (=one million won x 1/3,000 won x 1/3,00 won x hereinafter the same).

In addition, the Defendants received entertainment equivalent to KRW 2,99,97 in total amount of KRW 2,99,997 in nine times in consideration of their request from K, M, and N, including this, from September 2016, from the time to September 2016, and received a total of KRW 14.5 million in cash.

As a result, the Defendants conspired to acquire property and property benefits in return for an illegal solicitation with respect to the employment of H new articles.

2. Defendant B

A. In August 2010, the Defendant: (a) around the BY 2010, at the influence point near the Simong-gu intersection in Busan, and (b) from N, an H engineer, at the place where N was present in company with N, as H permanent employees.

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