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(영문) 서울중앙지방법원 2020.02.19 2019고합449
배임수재
Text

A defendant shall be punished by imprisonment for one year.

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 May 1, 2009 to the present date, the Defendant is an employee working in charge of business of C Co., Ltd. (hereinafter “C”) for the purpose of selling, installing, etc. of computer products, such as large-scale storage media (hereinafter “C”). Under the rules of employment of C, the Defendant should not engage in profit-making or other unfair profit-making activities contrary to C’s interest, and there was a duty that should not take advantage of his position nor receive money and valuables from the customer.

1. From January 2, 2016 to February 2, 2016, the Defendant received cash of KRW 20,000,00 from the Defendant: (a) received an illegal solicitation from F to January 2, 2016; (b) supplied D’s “H business” and B’s mileage, etc. from C in relation to the G office operated by F in Yeongdeungpo-gu Seoul Metropolitan Government; and (c) received a 660,000,000 won from F with having left for a margin equivalent to KRW 660,000,000,000 from D; and (d) received 20,000,000 won in cash from F in return for the illegal solicitation.

2. From January 2, 2018 to February 2, 2018, the Defendant received cash of KRW 50,000,00 from F in cash from F in relation to “J projects” of F in the G office operated by F in Gangnam-gu Seoul, Seoul, and supplied B Stopage, etc. from D institutions, and received illegal solicitation from F in the same purport as above 1.88,000,000 won, and received 50,000,000 won in cash from F in return for such solicitation.

3. As a result, the Defendant acquired a total of KRW 70,00,000 from a person who administers another’s business in return for an illegal solicitation regarding his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Legal statement of K witness K;

1. The first and second protocol concerning the examination of the accused by the prosecution;

1.1,2 times with respect to F.

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