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(영문) 인천지방법원 2016.08.25 2016고합368
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2006 to December 2009, the Defendant was well aware of the fact that labor union members received money and valuables from suppliers in return for the selection of suppliers of various kinds of goods supplied to labor union members.

On September 2014, the Defendant, as a representative of E Co., Ltd. (hereinafter referred to as “E”), had F, who acts as “supply broer”, interfered with supply companies such as futures set for D labor union members, etc., supply D Co., Ltd. (hereinafter referred to as “D”) with the supply of goods to D labor union members, etc., at the price of the supplier’s selection from the supplier company, paid the goods to the labor union members such as Democratic labor union and labor union D branch G, etc., and, at the same time, had the supplier acquire certain profits from the middle.

In August 2015, the Defendant heard that F decided that D will pay a gift gift set for goods to all employees, including D union members, at the time D’s departure from H, from G, and that F would be aware of such fact and that F and its designated companies were designated as the above gift gift set delivery companies, and the Defendant would like to mutually distribute the growth.

When the Defendant is selected as a delivery company, the Defendant colored I Co., Ltd. I (the representative director J, hereinafter referred to as “I”) as a delivery company, and F made an illegal solicitation to request G to select I as a delivery company of the above gift sets, and made I select 20,420 comprehensive gift sets of household goods (the price of supplied goods is KRW 2,99,580,000,000,000,000) as a delivery company.

Afterward, around August 23, 2015, F received KRW 330 million from J in return for the selection of the supply company to G, and paid KRW 230 million among them to G on August 24, 2015.

In the end, the Defendant, in collusion with F, committed an unlawful act in relation to his duties to G by a person who administers another’s business.

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