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(영문) 부산지방법원 동부지원 2018.02.20 2017고정1139
배임증재
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Fact-finding Facts] B held office as the head of the Trade Union of Busan Metropolitan City (State), from August 1, 2001 to August 31, 2016, and concluded with the company and labor-management council on behalf of the branch in accordance with the rules of the National Federation of Local Bus Workers on behalf of the branch, and entered into a wage negotiation and various group agreements on behalf of the members through labor-management consultation with the company and the labor-management council. In particular, E is a person with the authority to recommend employees to the company at the time of hiring regular workers and re-contract with the contracting affiliated members. E is a person who worked as the bus driver of the above D's bus from August 1, 2001 to August 31, 2009 and was not elected but was detained for the election of the head of the Trade Union of Korea on December 19, 2016.

On the other hand, after becoming a bus driver on March 23, 1996, he was elected in the election for the head of the branch office in 2016, and now D's old branch office, F, G, H, the defendant, and I are all D's bus officers, and the J is a optical passenger bus engineer, and K is a bus engineer for an O's old passenger.

[Criminal facts]

1. The Defendant and F, the Defendant and F, who jointly committed the crime of breach of trust with the Defendant and F, have recruited F to be employed as D’s regular bus officers by soliciting the employment of bus officers and providing money and valuables to the union head B with the authority to employ a D’s bus engineer.

On May 2015, the Defendant and F promised that B, in response to the solicitation of the employment of a bus engineer against the above F, to give up KRW 10 million to the above B.

After that, on May 2015, the Defendant delivered KRW 10 million to B, who received cash transfer from F in return for employment, from the D Trade Union office located in Busan Shipping Daegu C, and from B.

Accordingly, the defendant, in collusion with F, offered property in collusion with F, while making an illegal solicitation regarding B's duties of employing bus engineers.

2. The Defendant and I co-defendants with breach of trust of the Defendant and I.

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