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(영문) 인천지방법원 2018.12.20 2018고합619
배임수재
Text

A defendant shall be punished by imprisonment for one year.

323,090,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

The Defendant is a person who, while serving as a director from November 2004 to the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) in Jung-gu, Incheon, the Defendant is a person who takes overall charge of the duties of transporting cargo by setting the types, quantities, transportation distance, etc. of grain to cargo vehicles belonging to the victim Co., Ltd. (hereinafter “victim Co., Ltd.”).

According to the designation of the defendant, the number of times of transportation and the types of grain for the cargo loaded are determined, and this is directly related to the sales and revenue of the article, so there was a duty that the defendant, who exercises overall control over the dispatch of the article, should share the article fairly.

Nevertheless, the Defendant received an illegal solicitation from D, an engineer of the trucking cargo of the victim company, to the effect that “I increase the number of carriages of every month to pay a certain amount of money, and would distribute more profits,” and then accepted it, from April 30, 2009 to October 17, 2016, the Defendant received KRW 24,910,000 in total from the above D to the bank account (F) in the name of the Defendant during a total of 87 occasions during the period from January 2005 to July 2018, and received KRW 323,09,000 in total from 40 cargo drivers to receive unjust solicitation as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on G, D, H, I, K, K, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AB, AC, AE, AE, AE, AH, AH, AH, AJ, AJ, AJ, AK, AM, AM, AP, Q, AP, AS, ATS, AT, and AU;

1. A protocol of seizure and a list of seizure;

1. Comparison of a copy of the passbook, a detailed statement of account transactions, a copy of a certificate of employment of each depositor, a list of cargo article currently in office, a list of freight article's transport expenses by freight engineer (from January 1, 2012 to May 2018), C organization, a suspect additional account transaction details (from July 1, 2018 to July 31, 2018), W, AL sales comparison, and sales records by freight engineer;

1. Each investigation report (verification of cargo article G, D's deposit details;

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