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(영문) 부산지방법원 동부지원 2019.06.13 2018고단2567
배임수재
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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, who served from around 2012 to August 2016 as the head of the management department of B (hereinafter “B”), was in the position of an examiner in relation to new appointment of a driver, and in B, actively employs a person recommended by the head of the management department at the time of hiring a new driver, the Defendant was in the position to exercise the right to recommend the recruitment of a new driver in B.

1. C-related criminal defendants received solicitation from C to exercise the recommendation right to be employed as a driver at B around September 201. On November 1, 2011, the Defendant received KRW 3 million as part of the consideration from C in a park located in the Busan Metropolitan City, Busan Metropolitan City, and continued to receive KRW 7 million from C as part of the consideration at the same place around February 23, 2012, and continued to receive KRW 2 million from C as part of the consideration at the same place around March 2012.

As a result, the Defendant received KRW 12 million in return for the illegal solicitation to exercise the recommendation right to be employed as driving engineer B from C.

2. D-related crimes;

A. Around January 2014, the Defendant received KRW 3 million in cash from D in return for an unlawful solicitation requesting the exercise of the recommendation right to be employed as B’s driver on a vehicle parked near the B parking lot located in Busan Shipping Daegu E-M in Busan, and received KRW 3 million in return.

B. On March 19, 2014, the Defendant, who acquired pecuniary benefits, such as the drinking value, received a substitute payment of the drinking value equivalent to KRW 200,00 from D (4 members of the total price of KRW 80,000,000) with an illegal solicitation requesting the Defendant to exercise the recommendation right to be employed as a driver from “Gju” located in the Busan Suwon-gu F as “B” from D, and acquired pecuniary benefits equivalent to the said amount.

3. Around April 2015, the Defendant had the right to recommend a vehicle that was parked near the parking lot B located in Busan Shipping Daegu E in order to be employed as a driver in B.

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