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(영문) 서울북부지방법원 2013.09.12 2013고단1245

배임수재

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a street cleaners belonging to "F of a stock company" entrusted with the collection of household garbage and food waste, which is discharged in residential and commercial areas in which residents live in approximately 200,000 residents living in Seongbuk-gu Seoul Metropolitan Government Office.

1. On July 2006, the Defendant received 70,000 won per month from the day to October 2012, and received 70,320,000 won each month from the day of receiving 70,000 won in return for the illegal solicitation that the Defendant was putting household garbage and food waste in a non-standard plastic bag at “I restaurant” operated by the H located in Seongbuk-gu Seoul, Seongbuk-gu Seoul, and received 5,320,000 won from the day of receiving 70,000 won and acquired property in violation of the duty as a street cleaners belonging to F.

2. On March 2010, the Defendant received 30,000 won per month from the day to October 2012, and received 30,000 won each month from the day of receiving 30,000 won in return for the illegal solicitation that the Defendant was putting household garbage and food waste in a non-standard plastic bag at the “Lcafeteria” operated by K located in Seongbuk-gu Seoul Seongbuk-gu Seoul, and received 30,000 won in total from the day of receiving 30,000 won, and acquired property in violation of its duties as a F Street.

3. On October 2012, the Defendant received an illegal solicitation from “Ocafeteria operated by the N in Seongbuk-gu Seoul, Seongbuk-gu, to contain household garbage and food waste in a non-standard plastic bag, and received 45,000 won in return, and received 45,000 won as a street cleaners affiliated to F, in violation of his/her duties, and acquired property in return for such illegal solicitation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of P, H, K, and N;

1. Application of the photographic Acts and subordinate statutes;

1. Article 357 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;