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(영문) 서울서부지방법원 2019.02.15 2018고단3988
배임수재
Text

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

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

Reasons

Punishment of the crime

From July 2010 to December 31, 2013, the Defendant, as a person in charge of the execution of the B-affiliated execution office (director of the execution department) from July 2010 to December 31, 2013, performed affairs such as execution of judgment, auction of movable property, delivery of documents and goods, fine, minor fine, fine, collection of penalty or prosecution costs, sale of confiscated goods, execution of warrant according to the court and prosecutor’s order.

C operates “D” registered as a custodian of B enforcement office from September 2008 to December 2015, 2015. The execution office is a person who keeps and receives certain fees for the debtor’s movable property, etc., which has been executed with the delegation of creditors.

From the end of 208, E, the former executive director of the above executive part of E, from the end of 2008, received KRW 1.50,00 per container under the pretext of the mediation fee, and the Defendant, from July 2010 to the executive officer of E, was to contact with the custodian of the goods in the labor company up to the spot, and was to designate the custodian directly in the enforcement department. From now to now, the executive office requested C to designate the custodian as the custodian of the goods executed by the party, the number of containers would vary depending on the number of containers if the custodian is selected as the custodian.”

Accordingly, the Defendant, as a person in charge of the follow-up management of the part 6 of the enforcement, was to receive brokerage fees from C along with the continuous solicitation of each type F on behalf of C like E, while performing the above duties.

On July 22, 2010, the Defendant arranged to keep the movable property and other things of the obligor, which were ordered by G in compulsory execution proceeding around July 22, 2010, in the above D, and around that time, KRW 150,000 from the F represented by C.

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