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(영문) 전주지방법원 정읍지원 2013.12.03 2013고단413

배임수재

Text

Defendant

A and B shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

[2013 Highest 413] Defendant A is the leader of the E fishing village fraternity, and Defendant B is the person who operated the kidre cultivation in the name of I in the above fishing village fraternity in the license area (license number G, H) located in the near coastal area of the F of the Jeonbuk-gun, Jeonbuk-gun, North Korea.

Defendant

B was expected to end on July 22, 2012, and the period of operation of the above aquaculture was to provide money and valuables to Defendant A and to receive unjust solicitation.

1. Defendant A, as the head of the fishing village fraternity, is a person who has the duty to observe all laws and to select the operator through fair procedures in selecting the operator of the fishing village fraternity.

On March 22, 2012, the Defendant received an illegal solicitation from “J” cafeteria located in the Danan-gun, North Korea, to offer an open bid even after the expiration of the period for exercising the license for the above aquaculture, and continuously operate the aquaculture, and acquired it by being issued KRW 10 million on that job as a reward fee.

2. Defendant B made an illegal solicitation, such as the date, time, place, as described in paragraph (1), to Party A, the head of the E fishing village fraternity, at the same place, and granted KRW 10 million as an honorarium in the same place.

[207] The defendant C was sentenced to a fine of KRW 3 million on January 12, 200 as a crime of occupational embezzlement and a crime of taking property in breach of trust at the former District Court on January 12, 2000, and on December 7, 2006, a fine of KRW 2 million as a crime of violating the Fisheries Act was imposed on the former District Court's branch court on December 7, 2006.

【Criminal Facts】

Defendant C is a member of the E fishing Village fraternity in North Korea’s territory, and Defendant C is a member of the E fishing Village fraternity in North Korea’s territory.

Defendant

B entered into a contract on the exercise of fishery rights in the name of K's wife with respect to E fishing village fraternity G and H, and collected a klight at a place until July 22, 2012, in collaboration with K.

Defendant

B At the end of the above fishery right exercise contract, B makes an illegal solicitation that the public tender may not be made, and that it may collect the key unit continuously.

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