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(영문) 부산지방법원 동부지원 2019.02.19 2019고합7
배임수재
Text

Defendant

A A The fines of KRW 10 million shall be KRW 5 million for each fine of KRW 5 million for Defendant B, C, and D, and Defendant E shall be punished by a fine of KRW 3 million.

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2017, Defendant A was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a crime of taking property in breach of trust at the Busan District Court's Dong Branch, and the judgment became final and conclusive on July 26, 2017.

【Criminal Facts】

Defendant

A served as a labor director in charge of personnel affairs in G Co., Ltd. (hereinafter referred to as “G”) from around 2015 to 2017. G actively employs a person recommended by a labor director in relation to the employment of drivers, and was in a position to exercise the right to recommend new drivers in G.

H served as the chief of the management department of G from around 2012 to August 2016, and was in the position of an examiner in relation to new appointment of driver, and in G, actively employs a person recommended by the chief of the management department in employing a new driver, thereby exercising the right to recommend a new driver.

1. Defendant C and Defendant B’s joint criminal conduct (influence of breach of trust against A) requested that Defendant B, who worked as a driver at G around April 2015, would be employed as a G driver, and Defendant B would prepare for KRW 12 million in cash to be delivered to Defendant C at that time.

On April 15, 2015, Defendant C remitted KRW 12 million to Defendant B in return for the solicitation of drivers to employ drivers. Defendant B withdrawn KRW 10 million out of the transferred money from Defendant C around that time and delivered KRW 10 million to A at the G parking lot located in Busan Shipping Daegu from April 2015 to July 2015.

As a result, the Defendants conspired to employ Defendant C as G driving engineer and offered KRW 10 million to A along with an illegal solicitation.

2. Defendant A (misappropriation in breach of trust) is a G driver at the G parking lot located in Busan Shipping Daegu around April 2015 to July 2015.

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