beta
(영문) 서울고등법원 2013.04.05 2012노3776

배임수재

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 2,00,000 won, and a fine of 5,00,000 won, respectively.

Reasons

1. The facts charged in this case

A. Defendant A was the 11st president of the F Federation (hereinafter “Federation”) located in Seocho-gu Seoul Metropolitan Government E, and was released as a candidate for the election of the president of the 12th National Federation that was implemented around December 21, 2010.

Defendant

A, as the chairperson of the 11th Congress, has been engaged in the affairs that should exercise the right to vote for the election of the new president of the Federation on behalf of the Federation.

Defendant

A, as a result of the first vote at the election of the president of the 12th Federation, which was conducted at the office of the 11:00 on December 21, 2010 at the 11:00, the first vote of the president of the 12th Federation, as a result of the first vote of the 12th Federation, was proposed that the defendant A obtained two votes, and the defendant B was elected as the chairman of the 12th Federation by the 12th president of the Federation, in order to make the second vote because there was no one with the majority votes by obtaining five votes.

After that, at around 16:40 on the same day, Defendant A received a plastic bag with KRW 10 million in cash from the upper defendant B in the name of a honorarium for this in the office of the president of the Federation.

As a result, Defendant A received illegal solicitation from Defendant B to support himself in the 12th election of the president of the federation with regard to his duties while handling the affairs of the federation. Defendant A acquired KRW 10 million from Defendant B.

B. Defendant B was a candidate for the election of the president of the 12th Federation held at the office of the Federation around December 21, 2010.

Defendant

B, at the first election of the president of the 12th federation implemented at the office of the 11:00 on December 21, 2010, G where the defendant B obtained five votes and the two votes are opened together by G where he 5 votes and A obtained two votes.