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(영문) 수원지방법원 안산지원 2015.06.30 2015고정176

배임증재

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a construction business operator who actually performed the purification tank closure work of B apartment in Si interest.

Around May 2012, the Defendant made an illegal solicitation to the effect that “B is selected as a construction business operator and well cooperate in the process of performing the construction work,” in relation to the construction work for closing the said apartment at a cafeteria near the above apartment complex, the Defendant issued KRW 3 million to C, who is the president of the council of occupants’ representatives of the said apartment complex.”

As a result, the defendant made an illegal solicitation and provided property to C in relation to his duties.

Summary of Evidence

1. The Defendant’s partial statement asserts that, as stated in the facts charged, the Defendant did not request C to select himself as a construction business operator or to cooperate in the progress of the project as stated in the facts charged, the Defendant merely paid C money for the purpose of meeting expenses of the officer of the council of occupants’ representatives of the apartment complex after completion of construction at C’s request.

According to the following evidence, C, the representative of B apartment council, call to the defendant who wants to perform the above construction in the process of selecting a construction company to close the septic tank of the above apartment, and demanded the above construction company to the effect that the expenses for meeting of the officers of the council of occupants' representatives are necessary, and the defendant was selected as the above construction company and completed the construction at that time, and the defendant paid three million won to C at that time.

In the above facts, the following circumstances recognized by each of the above evidence, namely, (1) C, stated that when the defendant makes a statement that he does not have any food expenses as above, he could not be selected as a construction company unless the defendant accepts the request, and that he could not carry out the construction work properly; (2) D, which introduced the above construction to the defendant, took the method of a negotiated contract in selecting a construction company related to the above construction work, and in this case, if the defendant did not pay money to C, the above construction work.