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(영문) 인천지방법원 2015.05.28 2014고합755
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The circumstances leading to the crime are the following: (a) the Defendant was a believers of “H”; (b) the Defendant was a member of G who works for the respective representative director of the said organization; (c) the respective representative director of the said organization; (d) the J of the said corporation; and (e) the K of the said corporation as the representative director.

On April 209, the Defendant received instructions from L, which was the captain of G, and the representative director of “I,” and committed the following crimes in collusion with L,O, and P, under the direction that “I request M (hereinafter referred to as “M”) (hereinafter referred to as “M”) to produce promotional materials related to discount events held in May and June of each year, and to install promotional events facilities conducted in N for about 11 days in June, and to enter into a design consulting contract in return for payment of KRW 80 million per month.”

2. On April 2009, the Defendant, at the office of the victimized company located in Q Q in Gangnam-gu Seoul on the ground that he unilaterally demanded P andO as its representative director, to enter into a design consulting agreement with "L" I and to transfer KRW 80,000,000 to each month", and was rejected on the ground that it is too unreasonable demand.

Nevertheless, in the process where the Defendant finds M from time to time in accordance with L’s instructions, “I continue to find the contract until the contract is terminated,” and repeated the above demands, the Defendant and P have expressed that “M does not need to obtain full-time design consulting, and printed promotional materials or N sales promotional events necessary for discount events have been carried out in the long time only for approximately KRW 200 million per year, and that M’s annual net profit is paid KRW 960 million per year as design consulting cost, in the event that M’s annual net profit is from KRW 2 billion to KRW 2.5 billion, the Defendant would not pay KRW 96 million per year as design consulting cost. If so, the payment of a large amount of money would be a tax problem later, and thus, it would be a “M” from the point of “M.”

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