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(영문) 부산지방법원 2014.01.24 2013고합765
배임수재
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

B, from May 2010, as the head of the J branch of the HAF International Trade Union (hereinafter referred to as the “IA”) from May 2010, he has overall control over personnel and budget execution, such as new appointment of temporary members, promotion, and recommendation of the head of the regular union.

Defendant

A, from May 2010, as the secretary of the International Trade Union and Labor Relations Branch, was supported by B, who is the head of the branch office, and was recommended by members, fund management, etc.

Defendants conspired to receive money and valuables in return for employment and promotion from persons who want to be employed or who want to be promoted in the IMF.

Defendant

B around February 2, 2011, upon receipt of a request from K of the President of the JJ branch of the IEU, “a request to promote East L to the head of the J branch,” and ordered Defendant A to receive the cost of promotion and the cost of promotion. Defendant A received KRW 15 million from K in return for promotion of L in the first floor of the Gangseo-gu MM building of Gangseo-gu, Busan, and Defendant A received KRW 15 million from K in return for promotion of L in the first floor of the G branch of the G branch of the G branch of Gangseo-gu, Busan.

In addition, from May 2010 to August 2012, 2012, the Defendants conspired to receive a total of KRW 200,000,000 in return for new recruitment and promotion, as described in the separate crime list, and acquired property in return for an unlawful solicitation in relation to their duties.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each protocol of examination of the suspect against Defendant A by the prosecution;

1. Statement A in the third protocol of examination of suspect as to Defendant B by the prosecution;

1. Each prosecutor's protocol of statement against N, K,O, P, Q, R, S, T, and U;

1. A copy of each statement in the preparation of V, W, X, Y, Z and AA;

1. Each prosecutor's investigation report [the filing of a copy of each member's registration register (Evidence No. 256, 270, 286, 301 of the evidence records), AB telephone statement hearing report, the filing of I labor union rules, the filing of the J branch head of J branch head, promotion date, and new members' list after 2010, the submission of a report on the attachment of a member's registration card (Evidence No. 1686, 1789 of the evidence record] shall be applicable to the law.

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