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(영문) 울산지방법원 2014.01.10 2013고합256
배임증재
Text

Defendant

A Imprisonment with prison labor for one year, for defendant B and for six months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Criminal facts

1. On April 29, 201, Defendant A was sentenced to a suspended sentence of two years, etc. at the Changwon District Court on one year and six months for fraud, and the judgment became final and conclusive on May 7, 201.

The Defendant, who operated I (hereinafter referred to as “I”) from around 2007 to March 2010, is a cooperative entity of the JAT that produces vessel supplies, such as “EEC SEAT,” and supplies the vessel supplies to the JAT (hereinafter referred to as “J”).

On August 19, 2008, the Defendant transferred or delivered to K a total of KRW 360 million in return for such unlawful solicitation, as shown in the attached Table of Crimes (1) from the time to December 4, 2009, the Defendant, along with an illegal solicitation to the effect that “a request is made to deliver a large number of sheets, such as a dyptos, etc., to be done,” to K, a vice head of the Materials Management Team of J, a vice head of the said Team, “a request is made to deliver a large amount of sheets, such as a dyptos,” and the Defendant wired or delivered KRW 5 million to K from the time to December 4, 2009.

As a result, the Defendant provided KRW 360,700,000,000,00 to K in managing another’s business with an illegal solicitation.

2. Defendant B, who had operated M (hereinafter “M”) from around 2007 to around 2010, is a so-called “second supply company” that produces vessel supplies, such as “electric sets,” and supplies them to cooperation business entities by J.

On January 21, 2008, the Defendant: (a) transferred or delivered to K totaling KRW 61.8 million to K in return for such unlawful solicitation as indicated in the attached Table of Crimes List (2) from September 16, 2010, along with an illegal solicitation to the effect that “the primary company to divide the supply volume into case M, and to allocate a large number of total quantity of pre-sale supplies to that company”; and (b) the Defendant wired or delivered KRW 2 million to K from that time to September 16, 2010 in return for such unlawful solicitation.

In the end, the defendant is about the K's duty to manage another's business.

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