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(영문) 창원지방법원 2014.11.14 2014고단2292
배임증재
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Since 2007, the Defendant was a person who actually operated a limited partnership company D established for the purpose of shipping operations.

Since 1998, E Co., Ltd. and F Co., Ltd have performed the G Co., Ltd.'s business as a limited agent in relation to the vessel operated by G Co., Ltd. and Korea Co., Ltd.

1. H was in office as the director of the Incheon Office of E Stock Company and F Stock Company from 1998 to January 29, 2010, and was in office as the director of the Incheon Office of E Stock Company and F Company, with respect to vessels operated by G Limited Corporation, and managed the business of selecting various collaborative companies, such as repair of vessels related to vessels operated by G Limited Corporation, and determining the cost of goods and services.

At around 207, the Defendant made an illegal solicitation to the effect that a limited liability company would offer duty-free goods and miscellaneous goods to H in a ship operated by the said G G G company, and that the Defendant would have H be selected as a partner company of the said company, and that it would continue to be maintained as a partner company. On January 2007, the Defendant received the price of goods around 2007, and then delivered KRW 697,000 equivalent to 3% of the said amount paid around that time to H in cash, from that time, from that time to January 2010, the Defendant provided KRW 39,590,000 in total, 37 times in total, by delivering 30% of the total amount claimed until January 2010, as shown in Appendix I.

2. The evidence of breach of trust against I, from February 2010 to February 2, 2010, served as the director of the Incheon Office of E Stock Company and F Company as the successor of the said H, and has been delegated with the selection of various collaborative companies, such as repair of ships related to vessels operated by G Limited Corporation, and the determination of the cost of goods and services.

On February 2, 2010, the Defendant: (a) requested I to be selected as a collaborative entity by the same method as that of the preceding paragraph; and (b) demanded I to be maintained as a collaborative entity.

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