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(영문) 서울중앙지방법원 2015.05.14 2015고합104
배임수재
Text

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

20,000,000 won shall be additionally collected from the defendant.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

The defendant is the vice head of the Korea Local Administration Mutual Aid Association (hereinafter referred to as the "Mutual Aid Association") E team and is a person in charge of the business of selecting a securities company of the Mutual Aid Association by conducting a direct stock investment with the funds of the Mutual Aid Association every quarter.

Securities companies were selected as securities companies of the Mutual-Aid Association, and the Mutual-Aid Association acquired sales commission by selling and buying stocks through the securities companies, and the employees of the securities companies who are corporations and business employees of the Mutual-Aid Association endeavored to keep the mutual-Aid Association’s fund managers, etc. and to have the securities companies to which they belong receive good evaluation points in order to select them as securities companies of the Mutual-Aid Association.

Around June 25, 2012, the Defendant received KRW 5 million from F, who is an employee of the corporation operating division of Mez securities, as a securities company of the Mutual-Aid Association, and received KRW 5 million under the pretext of considering convenience, and received KRW 20 million in total from employees of the corporation operating division of the securities company five times from that time until April 23, 2014, as shown in the attached list of crimes (1).

Accordingly, the defendant acquired a total of KRW 20 million in receipt of an illegal solicitation in relation to his duties as a person who is in charge of the business of selecting a trading securities company of the Mutual-Aid Association.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each prosecutor's statement of H, I, J, K, L, F, and M;

1. Written answers to N;

1. In full view of the following circumstances acknowledged by the evidence as follows: one copy of the specification of transactions of Korean currency investment securities in the name of O (Evidence No. 74), online transfer certificate (Evidence No. 81), each transaction securities company selection-related document (Evidence No. 85 through 98), L transaction statement (Evidence No. 110), bank transaction statement (Evidence No. 122), and bank transaction statement (Evidence No. 122), and the Defendant’s money received as payment for an illegal solicitation, the following circumstances are as follows:

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