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(영문) 서울북부지방법원 2017.03.29 2016고정1518
배임수재
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, an insurance company, is an employee in charge of dealing with accidents of interest country fire marine insurance companies, and is a person who performs all affairs related to traffic accidents of vehicles covered by the said company's automobile insurance with delegation from the country's fire insurance (State).

In February 2013, the Defendant introduced from D, which operates C’s business offices, “The victim of a traffic accident may use the vehicle of our company as a leased vehicle. On the other hand, the Defendant would make the amount equivalent to 10% to 15% of the leased vehicle usage fee as the rebates.

“On the solicitation of “A”, around February 16, 2013, the victim of the traffic accident allowing the victim of the traffic accident driving the E vehicle to use the leased amount of the said C business establishment. At that time, G industrial companies located in Seongbuk-gu Seoul Metropolitan Government F received KRW 70,000 from D as a referral fee.

As above, the Defendant acquired money and valuables from a person who administers another’s business, in exchange for an illegal solicitation in connection with his duties, and received 10,041,000 won in return for the illegal solicitation from D through November 3, 2015, as shown in the List of Crimes, from that time to November 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the witness D in the fourth public trial protocol;

1. Statement made by each prosecutor to the prosecution against D, H and I;

1. Statement protocol of each prosecutor's office (No. 48 through 57 No. 57);

1. Application of Acts and subordinate statutes to each investigation report (including each accompanying document);

1. Article 357 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The latter part of Article 357 (3) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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