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(영문) 울산지방법원 2014.04.11 2013고합326
배임증재
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant running the power distribution team and the automatic control team manufacturing and selling company H Co., Ltd. (hereinafter “H”) and H supplies the power distribution team to I Co., Ltd. (hereinafter “I”).

1. Around October 2008, the Defendant, as the vice head of the I Electronic System Purchase Division of the I Electric and Electronic System, made an illegal solicitation to the effect that “The Defendant may supply a large number of power distribution teams to be used in the case, and make it possible to work to distribute the power distribution teams.” On October 31, 2008, the Defendant transferred KRW 15 million to the account of a national bank in the name of K used by the saidJ from that time to December 2012, the Defendant wired or delivered KRW 101,51,000 in total to the J eight times in total as shown in the attached Table 1 of Crimes.

As a result, the Defendant made an illegal solicitation to the person who administers another’s business and provided the above property.

2. On Jun. 22, 2012, the Defendant: (a) made an illegal solicitation with L, who was in charge of the design of the distribution team, as a Haman of the I Electric and Electronic Business Department’s design and a vice-design for the distribution team; (b) “I would not reduce the estimated price of the distribution team entering the ship, such as drone, and would be dismissed as our demand; and (c) remitted KRW 10 million to the Agricultural Cooperative Account in the M M’s name used by the said L to October 22, 2013; and (d) transferred KRW 526,500,000,000 from that time to October 22, 2013, in total, 48 times as shown in the attached Table 2 of the Crimes List.

As a result, the Defendant made an illegal solicitation to the person who administers another’s business and provided the above property.

Summary of Evidence

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

1. A copy of each protocol of examination by the prosecution against J or L;

1.Each.

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