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(영문) 수원지방법원 2013.10.23 2013노2368

업무상배임

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. For the following reasons, the Defendant alleged that there was no misconception of facts or misapprehension of legal principles that the Defendant conspireds with B and C to commit the instant crime, and that there was no illegality in the process of performing the business of the tender for the right to use the Food Materials Egypt (hereinafter “instant tender”) around January 2012, and thus there was no perception of breach of duty or breach of duty, and the Defendant did not have any property damage at the time of illegal acquisition intent and Ansan, the lower court convicted the Defendant of the instant facts charged, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine, or by misapprehending the legal doctrine.

1) Whether the Defendant conspireds to commit the instant crime through theO on December 16, 201 (H) H (hereinafter “H”)

(1) and (2) K (hereinafter referred to as “K”)

B) The actual operator B was suppered, but at the time, H waived the right to use the Food Materials Mart, 199, and then received a question as to whether H’s participation in the instant tender in the name of K, a representative, could not be a procedural issue, and the State N (hereinafter “N”) (hereinafter “N”).

(ii) The Defendant was a public official who is in charge of the collection of the user fee of the instant food materials marina, a public property in Ansan-si, for whom H requested the reduction of or exemption from the user fee of the instant food materials marina in arrears and further waiver of the user fee, for the purpose of securing the finance of Ansan-si and ensuring the interest of the user of the instant food material marina in the situation where H requested the reduction of or exemption from the user fee of the instant food materials marina at Ansan-si in 201.