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(영문) 광주지방법원 목포지원 2017.01.12 2016고단1406
배임수재등
Text

Defendant

A Imprisonment of 10 months, Defendant B imprisonment of 6 months, and Defendant C of 2 million won, respectively.

Defendant .

Reasons

Punishment of the crime

1. Defendant A

A. From November 1, 1997, the Defendant was working for the Victim FF Agricultural Cooperative in Pyeongtaek-gun, South Korea, and was in charge of purchasing agricultural materials from March 1, 2009.

Defendant 1 was engaged in the purchase business of the said Nonghyup and was required not to gain personal benefits, such as receiving part of the purchase price paid by the said Nonghyup from the said Nonghyup.

Around September 30, 2013, the Defendant received illegal solicitation from FF Agricultural Cooperative Co., Ltd. to the effect that “The Defendant would pay part of the profits from purchase of agricultural chemicals from FF agricultural cooperatives” to the Defendant, and received illegal solicitation from C operating “H” at the same place around February 18, 2014.

On October 23, 2013, the Defendant purchased agricultural chemicals in exchange for such solicitation at a place where it is impossible to know the place around October 23, 2013, and received KRW 3,360,000 from the Agricultural Cooperative (J) account in the name of the following account used by the Defendant from B under the pretext of honorarium, and received KRW 26,349,480 in total over 12 times from August 25, 2015, as shown in the list of crimes in the attached Table.

As a result, the defendant acquired property in return for an illegal solicitation in relation to his duties as a person who administers the affairs of the victim.

B. The Defendant in violation of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds, as set forth in paragraph (1) of Article 1, intended to receive honorariums in return for the purchase of pesticides from B and C in return for illegal solicitation from B and C, and had the Defendant receive honorariums by using another person’s account in order to conceal such fact.

On October 23, 2013, the Defendant received KRW 3,360,000 from B, the next account in the name of the Defendant, the next account used by the Defendant.

In addition, from that time until August 25, 2015, the Defendant entered the list of crimes in attached Form.

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