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(영문) 서울중앙지방법원 2014.10.17 2014고합519

배임수재

Text

A defendant shall be punished by imprisonment for two years.

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, from December 5, 2008 to February 3, 2014, served as the Secretary General of Seodaemun-gu Seoul, Seoul and (g) G (hereinafter “instant Association”) with the second floor F and the second floor (hereinafter “instant Association”), and took overall control of the instant Association’s financial affairs, conclusion of service contracts, management, etc.

On the other hand, the association of this case was designated by the Ministry of Strategy and Finance as an institution in charge of economic education on May 22, 2009, and is carrying out business such as production of juvenile economic newspapers with subsidies from the Ministry of Strategy and Finance, and H was changed from September 2, 2009 to K in the dispute resolution I and the dispute resolution council (which was changed on September 12, 2012 to the "K"; hereinafter the "J"). The association of this case is carrying out production services, etc. of the "L", which is a juvenile economic newspaper, from the association of this case.

Although the Defendant had a duty to select a service company in accordance with fair and transparent procedures, such as going through a public invitation process as the Secretary General of the Association, the Defendant received a report on the sample of newspaper production from H on April 21, 2010 from the Association office of this case, and received three million won in cash from the association of this case, along with an illegal solicitation to the effect that “I would be able to continue to receive services from the association of this case due to a negotiated contract, etc.” and that “I would be able to receive convenience in carrying out services.” From around that time to May 22, 2013, the Defendant acquired property equivalent to KRW 150,650,000 in cash over 56 times in total as shown in the attached list of crimes, as seen above, from H, under the above title 56 times in total as shown in the attached list of crimes. The Defendant received an illegal solicitation in relation to his duties, and acquired property equivalent to KRW 1568 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of H, M, or N;

1. Each police statement of theO, P, Q, and N;

1. A written statement prepared by H;

1. A copy of H’s confidential account books, specifications of electronic commerce, recording records, each of the details of financial transactions, inquiry table requesting the details of demand not to be traded, and June 18, 2010;