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(영문) 인천지방법원 2019.01.24 2018고합34
배임수재
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by imprisonment for ten months, and Defendant C shall be punished by a fine of KRW 3,00,000.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the corporation D (hereinafter referred to as “D”) and the defendant B is the actual operator of the corporation E (hereinafter referred to as “E”), and the defendant C is the vice president.

1. On July 28, 2017, Defendant A entered into a contract with E office located in Gangnam-gu Seoul Metropolitan Government to purchase 100,000 U.S. dollars from D to 9760,000 U.S. dollars, where E has exclusive sales right, Defendant A requested B to change the amount of KRW 120,000 in cash in return for concluding the contract, and received it from B.

In addition, on August 1, 2017, at the above location B received KRW 75 million in cash with an illegal solicitation that consideration for the conclusion of the above contract and convenience in the process of performing the contract are received from B at the above location, and the same month.

3. A person in de facto marital relationship was transferred to the account (I) in the name of one bank (I) in the name of the defendant and a person in de facto marital relationship with C under the same name.

As a result, the defendant received a total of KRW 120 million in return for an illegal solicitation on his/her duties in handling the purchase business of cyber currency electronic bags D.

2. Defendant B and C conspired with each other at the time and place described in paragraph (1), and as described in paragraph (1), requested A to pay for the conclusion of a contract for the purchase of virtual currency electronic bags, and provided KRW 120 million to A twice in return for an illegal solicitation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to the Prosecutor's Office;

1. Application of Acts and subordinate statutes to each investigation report (a report attached to a contract concluded between D and E, a copy of the register attached to D, E, etc., a document attached to D and E, a statement of account transactions related to receipt of money and valuables, a statement of confirmation, etc., a statement of account transactions related to receipt of money and valuables, attachment of data submitted by E by employeesJ, a certificate of transfer of KRW 45 million remitted to A, a certificate of account transfer special account special to A, and a document attached thereto

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 357 of the Criminal Act.

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