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(영문) 울산지방법원 2012.10.11 2012고단1957
배임증재
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. C’s breach of trust was transferred KRW 10 million to D Co., Ltd. (hereinafter “D”) via the Defendant’s parent G account in the name of his/her father on December 31, 2008, with the indication of the inspection of the execution of the service contract and various conveniences in the future contracts, as well as the illegal solicitation that the audit of the execution of the service contract is given to C, who is the representative of the F Team director of the F Team, and around December 31, 2008.

2. On June 7, 2010, the Defendant transferred money KRW 3 million to H via the said G’s account in the name of the said G, with the indication of the audit on the said I Corporation, which was conducted around that time, and with the illegal solicitation that various conveniences in the process of concluding and supervising the future contracts.

As a result, the Defendant made an illegal solicitation on the duties of C and H and granted a total of KRW 13 million over twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the protocol of suspect examination of C and H by each prosecutor;

1. Relevant Article 357 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act), including the fact that the confession of a crime is not good, the fact that the crime is being committed, the fact that it appears to have cooperated in the investigation,

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