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(영문) 인천지방법원 2014.05.22 2013고합859
배임수재
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

except that, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who was in charge of the purchase of materials while working as the buyer’s team leader at the victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Bupyeong-gu Incheon Metropolitan Government from November 8, 2010 to January 2013.

On June 10, 201, the Defendant received an illegal solicitation from G Co., Ltd., a part of the parts to be used by the victim company, through G, to the effect that he/she will only purchase parts of the parts to be used by the victim company and continue to maintain transaction relations. On August 10, 2011, the Defendant received 360,000 won from B to C Co., Ltd’s bank account in the name of the Defendant and received 14,410,000 won in total from that time until September 10, 2012, as shown in the list of crimes in the attached Table.

Accordingly, the defendant acquired property in return for an illegal solicitation in relation to his duties as a person who administers another's business.

2. Defendant B, as a representative of G Co., Ltd., the parts supplier, made an illegal solicitation to the effect that part of the parts to be used by the victim company A was purchased only through G and that the transaction relationship was continued. On August 10, 2011, the Defendant transferred KRW 360,000 to A from that time until September 10, 2012, including remitting KRW 14,410,000, in total, from that time until September 10, 2012.

As a result, the defendant made an illegal solicitation and provided property to the person who administers another's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness H;

1. Each prosecutor's protocol of statement concerning H and I;

1. Determination as to the defendants and defense counsel's arguments, such as a specification of transactions

1. Although there is a fact that Defendant A received money as stated in the facts constituting a crime in the judgment of the court below, it is merely paid as expenses for the meeting, not received as a consideration for the illegal solicitation from Defendant B.

2...

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