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(영문) 부산지방법원 동부지원 2017.04.18 2017고합41
배임수재
Text

1. Defendant A’s imprisonment with prison labor for up to six months, Defendant B, C, E, F, and H KRW 1,50,000, and Defendant D’s fine of up to 500,000.

Reasons

Punishment of the crime

1. Since 2007, Defendant A was expected to terminate the term of office for three years from May 28, 2016 to the head of the Busan District Bus Trade Union M Branch (the Chairperson of Trade Union) of L, but the term of office for the head of a branch has been extended three years from the time of election in the reelection on July 28, 2016. As such, Defendant A determined the conditions of settlement of grievances and labor for union members through the company and labor-management council on behalf of the branch, and entered into various collective agreements on behalf of the union members through consultation with the labor-management with the company. In particular, Defendant A is authorized to recommend employees to the company when hiring regular workers and re-contracts with the contracting member.

A. On March 2012, the Defendant was asked to employ C as a full-time city bus driver at an O restaurant located in Busan Metropolitan City N on the end of March, 2012.

At around 17:00 on the same day, the Defendant received food equivalent to KRW 2.50,00 in return for employment from the above B at the above restaurant, and continued to receive an alcoholic beverage with KRW 1.2 million in return for employment.

As a result, the defendant, using the right of recommendation of the head of the branch office, received illegal solicitation from the person wishing to be employed in relation to the duties of the driver, and received the entertainment equivalent to KRW 1,450,00,00.

B. On March 2015, the Defendant was asked to employ Q city bus drivers as full-time city bus drivers at the office of L union branch office located in Busan, Busan, on March 2015, the Defendant received a solicitation from Q city bus drivers to employ the F as full-time bus drivers.

On March 27, 2015, the Defendant received KRW 5 million from the Busan Shipping Daegu to the Busan Bank account in return for employment from the above E in the non-place of Busan Shipping Daegu.

As a result, the defendant is about the duties of employing drivers by using the personnel recommendation authority of the head of the branch office.

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