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(영문) 부산지방법원 동부지원 2009. 7. 21. 선고 2008고단1435 판결
[업무상배임][미간행]
Escopics

Defendant

Prosecutor

Kim Young-young

Defense Counsel

Attorney Cho Jong-soo et al.

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period converted by 60,000 won into one day.

Criminal facts

The Defendant, from May 10, 1995, was engaged in the business of protecting and representing the property rights of the employees of the above company from January 2004 to January 2004 by the president of the labor union of the non-indicted 1 corporation, a taxi company located in Nam-gu, Busan, as the head of the headquarters of the headquarters of the Korea Labor-General Military Workers' Union and the negotiating members for the employees of the non-indicted 1 corporation, including the non-indicted 7, including the non-indicted 7.

On December 31, 2005, the Defendant agreed with the representative of the taxi company so that the taxi company can be used for the purpose of improving the treatment and welfare of workers, without the consent of the majority of workers of the non-indicted 1 corporation, in principle, under the Act on Special Cases concerning Taxation, and the Ministry of Construction and Transportation’s guidelines to use the reduced amount of value-added tax in cash at the office of the Busan taxi transportation company located in Seocho-dong, Busan, Busan, but according to the guidelines to use the reduced amount of value-added tax under the Act on Special Cases concerning Taxation, the Ministry of Construction and Transportation. However, the Defendant agreed with the representative of the taxi company so that the taxi company can use the reduced amount of value-added tax for the purpose of improving the treatment and welfare of workers only when a majority of workers of each business place

Accordingly, the Defendant acquired property benefits equivalent to KRW 30,026,046, which is part of the amount of value-added tax reduced from the first quarter to the fourth quarter of 2006, which should be paid in cash to the employees of Nonindicted Co. 1 Company, and suffered damages equivalent to the same amount to the employees of the said Company, including Nonindicted Co. 7.

Summary of Evidence

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement on Nonindicted 7

1. A copy of the guidelines for using the amount of tax reduction of taxi taxes;

1. A written agreement;

1. Collective agreement;

1. Report on investigation (report on confirmation of cash arrears out of the amount reduced by the value-added tax);

Application of Statutes

1. Article applicable to criminal facts;

Articles 356 and 355(2) of the Criminal Act

1. Selection of kind of punishment;

Fines;

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Park Jong-chul

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