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(영문) 인천지방법원 부천지원 2017.01.20 2015고단1910 (1)
배임수재등
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

The Defendant, from around December 21, 201 to August 9, 2013, was engaged in the business operations of the manufacturing chain Co., Ltd., E while serving as a general director at the time of entry into force. From August 8, 2013, the Defendant was a person who established G of the manufacturing chain Co., Ltd. and serves as the representative director.

The Defendant, with respect to the “project for joint resource development of livestock pens” implemented by F agencies, concluded a purchase contract with F agencies, provided various conveniences at the time of the progress of construction works in the future, and, in order to facilitate successful bid when implementing a project for joint resource development of livestock pens in other livestock cooperatives, he was willing to deliver the goods to H who is in charge of the duties of comparative analysis of the manufacturer and installation companies of the foregoing project for the livestock industry at the time of the entry into force of the project, the Defendant was working as the team leader of the F agency’s educational assistance room, and delivered the goods to H.

On October 29, 2012, the Defendant granted H a total of KRW 39,70,000,000 from the account in the name of H to the account in the name of Ha in the name of Ha (J) on the said name, as well as KRW 2,00,000 from August 8, 2013, as shown in the List 1 of Crimes List 1.

Summary of Evidence

1. Statement made by the witness H in the third public trial records;

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

1. Each police statement with respect to K and L;

1. Details of account transactions (deposit to K-A, and H), a certified copy of the register (G, August 8, 2013);

1. List of shareholders;

1. A contract for business delegation;

1. Determination as to the Defendant’s assertion of a business consignment agreement

1. Although the Defendant alleged that he paid KRW 30,00,000 to H once a year in attached Table 1 set forth in attached Table 1, the Defendant merely delivered the money to K’s representative director’s instruction at E (hereinafter “E”), and there was no fact that he remitted the money to H, or transferred the money to G (hereinafter “G”) 1 through 3, and 5, the amount of each of the instant money once a year in attached Table 1 of the sight of crime Nos. 1 to 3, and 5.

2. Determinations as above.

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