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(영문) 서울중앙지방법원 2017.11.02 2017고합762
배임수재
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 208 to December 31, 2014, the Defendant, as an affiliate of D, managed and supervised its employees in general, as the managing director of H (stock company I)’s managing director who performs the business of transporting F and G located in Hongcheon-gun, Hongcheon-gun, Seoul. From February 2008 to November 201, the J took overall charge of the management and supervision of the company’s business. From February 2008 to November 201, 201, the Plaintiff, as the head of the bus management team of the said company’s bus management team, took overall charge of the dispatch management, such as the conclusion of the transportation contract of the shuttle bus operated between the external chartered bus company and the said F and G, and the allocation of the route or the number of vehicles allocated.

Therefore, J should proceed through fair procedures such as concluding a contract of carriage of shuttle buses with an external chartered bus company, which is a subcontractor, and allocating its routes or the number of vessels, and the defendant has a duty to properly manage and supervise it.

Nevertheless, the Defendant received KRW 4,20,000,000 from J around July 29, 2010, in exchange for illegal solicitation, such as entering into a contract of carriage of shuttle buses and increasing the number of vehicles on board, etc., from L operating K, a corporation around July 29, 2010, from that time until July 17, 2014, to receive KRW 17,602,00 in total on 26 occasions under the same name as the details of receipt of money and valuables in attached Table 1, even though it was aware that it received KRW 17,602,00 from August 19, 2010 to August 30, 2010, from J, the Defendant received KRW 50,000 from J (c) office at the fifth floor of the I marketing team in Gangnam-gu, Seoul.

Upon receipt of a report, “A total of KRW 82 million was received from J from around March 19, 2014, in total, 21 times under the same name as in the annexed Table 2, from around March 19, 2014, in response to a solicitation to the effect that he/she would not be at issue with the receipt of a request for an implied request, and that he/she received a total of KRW 8 million from J, as in the annexed Table 2.

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

Summary of Evidence

1. The defendant's person;

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