2013Gohap 226 Misappropriation

1. A;

2. B

Han Sang-le (Lawsuits) and Park Sang-ok (Trial)

Law Firm International Law Firm, Attorney Park Jong-il (for the Defendants),

Attorney Park Byung-hwan (for Defendant B)

November 15, 2013

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above punishment against the Defendants is suspended for two years from the date this judgment became final and conclusive.

Criminal facts

Defendant B is a person who is registered as a cooperation company of C Co., Ltd. (hereinafter referred to as “C”) from around 1994 to the date and serves as the representative director of E Co., Ltd. (hereinafter referred to as “E”) who supplies navigational communication equipment for ships, and is in charge of overall management of the business of the company. Defendant A is a person who works as the president of E from around 2005 to around 2009.

Defendant A, at the E office located in the beginning of Busan Dong-gu, Busan around 2008, had a relationship with Defendant B, and upon request from him, he may increase the delivery quantity of navigation communication equipment. The case is later. Defendant B accepted this, and Defendant B received money and valuables from the C in order to increase the delivery quantity.

Defendant A, around May 200, issued cash 20,000 won in the Grand Store located in Ulsan-gu, Busan-gu, to F of the shipbuilding purchasing division, who has overall control over the selection process of shipping machinery and equipment suppliers, and exercised the right to decide on the selection of the company, and 300,000 won in total at the said coffee shop, such as cash 20,000 won in total at the said coffee shop around June 2009, where the delivery volume increased, under the permission of Defendant B, Defendant A offered to F. 2 and 300,000 won in cash at the said coffee shop in Busan-gu, Busan-do, Busan-do, and 90,000 won in cash at the said coffee shop around June 209, 2009, and 200,000 won in cash per 90,0000 won in total,000 won in cash and per 90,000 won in cash.

As a result, the Defendants conspired to make an unjust solicitation on the F’s duty to handle another’s business and provided KRW 90 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of an interrogation protocol of the public prosecutor with regard to F;

1. An investigation report (a copy of passbook shall be attached);

1. A copy of a bankbook; and

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment (the Defendants)

Articles 357(2) and (1), 30(b), and 357(2) and (30) of the Criminal Code, each choice of imprisonment

1. Suspension of execution (the Defendants)

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

Reasons for sentencing

The Defendants were subject to the disposition in consideration of the degree of the Defendants’ participation in the instant crime, the Defendants’ status, character and conduct, environment, etc., and other favorable circumstances such as the Defendants’ increase in the amount to KRW 90,000,000, and the Defendants were the first offender, and the social ties are clear, and are against their own mistake. Defendant A, the president of employment of E, recommended Defendant B, the representative director of E, to commit the instant crime, thereby resulting in the instant crime. As such, the sentence like the order is determined in consideration of the degree of the Defendants’ participation in the instant crime, the Defendants’ status, and all other conditions of sentencing

Justices Kim Dong-young

Judges Kim Jong-jin

Judges Sung-man