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(영문) 부산지방법원 2018.02.09 2017고합640
배임수재
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, who served as the head of the branch of the Korea Automobile Union, Busan District Bus Workers’ Union E-branch (the chairperson of the Trade Union) from October 24, 2014 to October 23, 2017, was a person with the authority to recommend employees on behalf of the company and the labor-management council through a labor-management council, to negotiate wages and enter into various collective agreements on behalf of the union members through labor-management consultation with the company and the labor-management council, and in particular, to employ a new bus engineer.

A. On April 2015, the Defendant was asked to employ F as a full-time city bus driver from the E labor union office located in Geum-gu, Busan, for the use of F as a full-time city bus driver, at around 2015.

Defendant 1 recommended the employment of the above F to the company, and the F would be employed as a full-time city bus driver of E, and received KRW 3 million from F in return for employment through B around April 30, 2015.

As a result, the defendant was given property by taking advantage of the personnel recommendation authority of the head of the branch office in exchange for an illegal solicitation from the person who wishes to be employed.

B. On September 2016, the Defendant received a solicitation from the first police officer to employ H as a full-time bus driver from the E Trade Union office to a full-time bus driver from the E Trade Union.

The defendant then recommended the employment of the above H to the company on September 14, 2016, and employed H as a full-time city bus driver E on September 14, 2016, and received KRW 2 million in return for employment from H through B on the same day.

As a result, the defendant was given property by taking advantage of the personnel recommendation authority of the head of the branch office in exchange for an illegal solicitation from the person who wishes to be employed.

(c)

On September 2016, the Defendant received a request from B to employ I as a full-time city bus driver from the above E Trade Union office to E-regular bus driver on September 2016.

Defendant 1 recommended the employment of the above I on September 14, 2016.

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