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(영문) 인천지방법원 2015.03.19 2014고정2556

배임수재

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from January 1, 2012 to December 31, 2013, served as the president of the Bupyeong-gu Incheon Bupyeong-gu council of occupants' representatives, and had duties to perform duties fairly in order to protect the rights and interests of the said council of occupants' representatives.

On March 2012, the Defendant received KRW 1,00,000 from G, the representative of the Party F, who is a guard service company (ju) in the E restaurant in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to participate in a tender for the selection of the said C Apartment as a successful bidder, and received a delivery upon request from the Defendant.

As a result, the defendant acquired property in return for an illegal solicitation as to his duties as a person who administers another's business.

Summary of Evidence

1. Legal statement of the witness H;

1. Partial statement of witness G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of the Acts and subordinate statutes on the statement made by the police against the defendant

1. Relevant Article 357 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The latter part of Article 357 (3) of the Criminal Act;

1. The Defendant asserts that no one million won has been received from G in determining the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act.

The following circumstances acknowledged by the evidence duly adopted and examined by this court, ① Defendant and G provided meals at the early patrol house on March 2012, 201, and at the time G talked that “the Defendant would have been able to participate in the bidding for the selection of the C Apartment security service company, which is the chairman of the council of occupants’ representatives, so that G would be awarded a successful bid.” The Defendant and G recognized both the Defendant and G, ② The director of C Apartment management division, H, the representative of G, was selected as the security service company, and revoked, G’s management office.