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(영문) 창원지방법원 통영지원 2017.01.26 2016고단1334

배임수재

Text

Defendants shall be punished by imprisonment for ten months.

However, from the final date of this judgment, the defendants are two years each from the final date of this judgment.

Reasons

Punishment of the crime

1. Defendant A was the chairperson of the F Regional Housing Association Promotion Committee for the purpose of building apartment units from January 2, 2013 to March 21, 2015. From March 22, 2015 to March 22, 2015, Defendant A was the head of the F Regional Housing Association for the purpose of building apartment units, and Defendant B was the head of the above E E Apartment apartment units from March 2, 2015, and Defendant B was the actual operator of G Vice-Chairperson Co., Ltd., Ltd., the H and agency company, and the F Regional Housing Association Promotion Committee entered into a contract on behalf of Defendant I and the above E Group for the business of building apartment units.

As above, the defendant has the duty to fairly and faithfully control the affairs such as designer, project site, and the selection of the contractor and the management of partnership expenses in relation to the apartment construction works to be implemented by the above housing association, and to protect the rights and interests of the association members, and not to accept or receive money and valuables in relation thereto at the request of the external interested parties.

The Defendant received KRW 50,00,00 from the bank account in its name around December 10, 2015 as shown in Appendix I, from the said B, the Defendant received KRW 30,136,682, total sum of KRW 27 times from that time until December 10, 2015, from the time on December 10, 2015, in response to the request from the said B to facilitate cooperation in the work of the Company I and to ensure that G corporation may be selected as the contractor.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. Defendant B

A. 1) The Defendant, as in the foregoing paragraph 1, committed a crime of breach of trust against A. In order to assist A, the head of the said partnership, in performing his/her business affairs, and to ensure G corporation is selected as the contractor, the Defendant would have 500,000 won with the bank account under the above A’s name around December 3, 2014.