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(영문) 수원지방법원 2014.05.09 2014고합141

배임수재

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On October 13, 2011, the Defendant has occupational duties to fairly and fairly conduct the selection of a defect repair business entity with the head of the Suwon F apartment occupant representative meeting.

Nevertheless, around 15:00 on October 13, 201, the Defendant acquired KRW 7,00,000,000 from the former director of the company in receipt of an illegal solicitation of the two representatives opposing that the G stock company was selected as the defect repair business entity at the second floor of the F management office in Suwon-gu, Suwon-si, Suwon-si, the Seoul Metropolitan Government.

B. Around 16:00 on May 2, 2012, the Defendant received the illegal solicitation that G Co., Ltd. will be selected as an internal satiscote construction enterprise in apartment complex at the second floor of the above F Management Office around May 2, 2012, and acquired KRW 5,000,000 from B.

2. Defendant B

A. On October 13, 2011, the Defendant committed the crime committed on October 13, 201, at the second floor of the F Management Office around October 13, 201, made an illegal solicitation to A and granted KRW 7,00,000 in return, as described in the foregoing paragraph (a) at the meeting room of the second floor of the F Management Office.

B. On May 2, 2012, the Defendant committed the crime on May 2, 2012, at the second floor of the above F Management Office around 16:00, made an illegal solicitation to A, as described in paragraph 1(b) above, and granted KRW 5,00,000 in return.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Defendant B’s statement in the suspect interrogation protocol of the prosecution against Defendant A;

1. Each police statement made to H and I;

1. An investigation report (related to documents to be submitted), an investigation report (limited to a record of telephone call of B, A, or H);

1. Application of Acts and subordinate statutes, such as deposit certificates, copies of bankbooks, and slips;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Each Criminal Code Article 357(1) (Selection of Imprisonment with prison labor);

B. Defendant B: Article 357(2) and (1) of the Criminal Act (electiveity of fines)

1. Aggravation for concurrent crimes;

A. Defendant A: The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are heavier than that of Defendant A. < Amended by Presidential Decree No. 2328, Oct. 13, 2011>