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(영문) 대구지방법원 2012.05.04 2011고합296

배임수재

Text

Defendant shall be punished by a fine of KRW 1,500,000.

3,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

From August 7, 2006 to July 24, 2007, the Defendant worked as the chairperson of the Daegu Suwon-gu D Housing Redevelopment Promotion Committee (hereinafter “instant Promotion Committee”), and was in charge of the selection of the specialized manager of rearrangement projects, the preparation of the project implementation plan, and the preparation for the authorization to establish the association. From December 2005, the Defendant received comprehensive work support from E (F) in relation to the establishment of the instant Promotion Committee from Dec. 1, 2005, upon receiving an unjust solicitation from E (F) from E to receive the removal cost and removal project in return for the above work support, the Defendant demanded E from the office of E on September 3, 2006, the Defendant provided that “as there was a person to be engaged in personnel at the time, three million won was prepared,” and the Defendant was granted KRW 300,000,000 from the Defendant’s cash account in front of Daegu-gu hotel on Oct. 1, 2006.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The statements made by witnesses E and J in the third protocol of trial;

1. Each prosecutor's protocol of examination of the accused;

1. The part concerning the statement of E in the interrogation of the suspect against the defendant in each prosecutor's office

1. E prosecutorial statement;

1. Prosecution investigation reports (Bindings, such as additional written statements, business logs, and filing of account statements);

1. Application of the Acts and subordinate statutes on deposits without passbooks, written judgments (Tgu District Court Decision 2008Gahap13412 Decided July 7, 2010), and the application of statutes on deposits without passbooks;

1. Relevant provisions of the Criminal Act and Article 357 (1) of the Criminal Act concerning the selection of punishment;

1. Determination on the assertion of the defendant and his/her defense counsel under the latter part of Article 357(3) of the Criminal Act

1. The Defendant and the defense counsel asserted that: (a) the Defendant and the defense counsel delivered KRW 3 million to the Defendant’s wife on October 2006 to the Defendant’s wife on early October 2006; or (b) there was no solicitation during the process of receiving KRW 3 million from E.