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(영문) 수원지방법원 2015.05.22 2015고합147
업무상배임등
Text

A defendant shall be punished by imprisonment for not less than eight months.

50,000,000 won shall be additionally collected from the defendant.

Of the facts charged in the instant case.

Reasons

(b)provide the accused with KRW 250 million;

“The Defendant agreed to the effect that the victim’s representative director had already been provided as security by another person, or the Defendant attempted to purchase steel on credit and put it into a warehouse on acceptance by concealing the above dumping resale plan.

In this case, additional transactions can be conducted and there is no concern about whether there is sufficient security.

“Along with the consent of the representative director, the steel sales contract was concluded between the victim and E with the total market value of approximately KRW 1.2 billion. On October 16, 2010, the steel production contract was made between the victim and the victim and the victim at the steel production site located in Gyeong-Gun I, who was not in the Republic of Korea on or around October 16, 2010, issued the victim the first delivery of steel amounting to approximately KRW 780,000,000,000 in market price to F/G, and was delivered from F/G in the name of 1,00,000,000 won in return from G and the defendant in the name of 1,00,000,0000 won in the name of the European Union Co., Ltd. (Account number: 902-130

As a result, the defendant, who is in charge of the victim's affairs, acquired financial benefits equivalent to KRW 50 million in return for illegal solicitation from D, F orG concerning his/her duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each protocol of suspect examination of D, F, and G by the prosecution;

1. Statement to the Prosecutor's Office;

1. Each police interrogation protocol concerning D, F, and G;

1. Each police protocol against the defendant and J;

1. K's written statement and L's factual confirmation;

1. The respective statements in F and G among the protocol of trial (p. 3, 4, and 5 installments) in the Suwon District Court 201 Highest 242 cases;

1. Details of the Chinese and Chinese financial transactions;

1. A complaint, each letter of authentication, and each notarial deed;

1. An import declaration certificate and a cooling photo;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 12,21,23,33,51 of the evidence list);

1. Relevant Article 357 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Sentencing Article 357(3) of the Criminal Act.

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