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(영문) 울산지방법원 2015.01.23 2014고합60

배임수재등

Text

Defendant

A As to the crime No. 1 in the judgment of the court below, the defendant B shall be punished by a fine of two million won for the crime No. 2 in the judgment of the court below.

Reasons

Punishment of the crime

On January 17, 2012, Defendant A was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on September 10, 2012, and the judgment became final and conclusive on September 21, 2012. On August 21, 2013, the Incheon District Court sentenced Defendant A to two years of suspended execution, additional imposition 24,950,000 won for one year of imprisonment with prison labor for a crime of taking property in breach of trust at the Incheon District Court on August 21, 2013, and the judgment became final and conclusive on June 26, 2014, and Defendant B was sentenced to two years of suspended execution for eight months of imprisonment with prison labor for an occupational embezzlement in the Daegu District Court racing support on February 19, 2013.

Criminal facts

1. Defendant A and Defendant B are the vice-chairpersons of the F Commemorative Association (hereinafter referred to as the “F Commemorative Association”), a person in charge of overall management of the affairs of the F Commemorative Association, including the selection of G winners, and Defendant B served as the secretary general at the F Commemorative Association from July 15, 2005 to April 27, 201, and was in charge of the recommendation of the candidates for G winners.

On April 6, 201, at the F Commemorative Office located in Jongno-gu Seoul Metropolitan Government H Building 1802, the Defendants agreed to receive KRW 20 million in return for the selection of the J as the winners at the F Commemorative Office's Office at the request of the representative director of the I Tran Association, Co., Ltd. to receive KRW 20 million in return for the selection of the J as the winners of the J, and Defendant B was selected as the winners of the G on the same day by calling to the saidJ at the same place on the same day. As such, Defendant B was asked to pay KRW 20 million in return for the contribution necessary for K's building, and requested to receive the G from the J to receive the G, the Defendants received an implied request from the J around July of the same month, and the same year.

7.4. Around April, Defendant B received each delivery of KRW 10 million from the (N) bank account in the name of Defendant B-M.

As a result, the Defendants jointly engaged in another person's business and acquired property equivalent to KRW 20 million in total in return for illegal solicitation in relation to their duties.

2. Defendant A’s sole criminal conduct