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(영문) 광주지방법원 순천지원 2016.04.06 2015고단2611

배임수재

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of two million won.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

[criminal history] Defendant B was sentenced to one year of suspended sentence for six months of imprisonment for a violation of the Mountainous Districts Management Act in the Busan District Court’s net support on November 4, 2015, and the said judgment became final and conclusive on November 12, 2015 and is currently under suspended sentence.

[Criminal facts]

1. From August 2005, Defendant A had a duty to fairly and fairly carry out news gathering work as a reporter in the area of Bosung-gun in the C newspaper from around August 2005 to the present.

Nevertheless, on December 20, 2014, the Defendant was issued one million won in cash upon receiving an illegal solicitation from B to the effect that “the Defendant would not report to a newspaper” at a newspaper office located in Bosung-gun E prior to December 23, 2014, when he discovered that B intended to sell earth and rocks collected by B at a place other than a place permitted for selling earth and stone collected by B at the scene of gathering earth and stone conducted by N, N, and three parcels of the Republic of Korea.

As a C newspaper reporter, the Defendant acquired property equivalent to one million won in return for an illegal solicitation in relation to his duties.

2. On December 23, 2014, Defendant B made an illegal solicitation to A and granted KRW 1 million in cash at a newspaper office where the above Party A, who is in the Southern-gun E, is in service.

Summary of Evidence

Article 357(1) of the Criminal Act; Article 357(2) and (1) of the Criminal Act; Article 357(1) of the Act; Article 357(1) of the Criminal Act; Article 357(2) and (1) of the Act; Defendant B, who is subject to the suspended execution of Articles 69(2) and 70(1) of the Criminal Act: Defendant A: The community service order Defendant A under Article 62(1) of the Criminal Act: The community service order under Article 62(1) of the Criminal Act: Article 357(1) of the Criminal Act: Defendant A: The provisional payment order under Article 357(1) of the Criminal Act: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act.

1. Defendant A [the scope of the recommended punishment] Type 1 (less than KRW 300,00) in the mitigation area (one month to six months) in breach of trust (the person who has been specially mitigated).