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(영문) 전주지방법원 2019.10.10 2018고정563
배임수재
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From April 30, 2010 to April 30, 2010, the Defendant, as the chairperson of a trade union B (hereinafter referred to as “B”), has occupational duties to maintain and improve the working conditions of workers belonging to the trade union and to improve the economic and social status of workers.

1. On September 4, 2013, the Defendant was issued KRW 10 million upon receipt of a request from E to the effect that “the collective agreement may be concluded smoothly,” which was served as a statutory manager of the said company at a D sales outlet located in Yasan-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on September 4, 2013.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. On January 2016, the Defendant received the delivery of KRW 10 million on the following day, along with a request from the Defendant to the effect that, in the middle of the 2016-year wage negotiations from G, the representative of the said company, “from G, so that wage negotiations in the year 2016 can be smoothly concluded,” and one million won on the following day.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of each police suspect against the accused (including G statements);

1. Each police statement related to E, H and G;

1. Application of the respective Acts and subordinate statutes of E, I and G;

1. Article 357 (1) of the Criminal Act applicable to the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The latter part of Article 357 (3) of the Criminal Act;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. 1) The fact that the Defendant received a total of KRW 21 million is recognized, but E or G does not pay money to the Defendant upon illegal solicitation. 2) The amount paid to the Defendant by E or G is a honorarium for the Defendant’s aiding and abetting E in the past, and E requested by the Defendant.

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