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(영문) 인천지방법원 2014.11.28 2014고정2160

배임수재

Text

Defendant

A A Fines 1,00,000 won, Defendant B’s fine of KRW 500,000, and Defendant C’s fine of KRW 1,000,00.

Reasons

Punishment of the crime

1. Defendant A is a person who served as a director of the council of occupants’ representatives in the Nam-gu Incheon Metropolitan City Council of Residents' Representatives from August 25, 2012 to the date.

No person who administers another person's affairs shall acquire property or financial benefits in exchange for an illegal request in connection with his/her affairs.

Nevertheless, around April 2013, the Defendant received a solicitation from H representative I, Inc. H, Inc., Ltd., a quarantine service business entity, to be selected as an apartment disease control entity in the vicinity of the Incheon dong-gu, Incheon. On April 23, 2013, the Defendant received a solicitation from the above I to the effect that, in relation to the progress of disinfection operations and maintenance of contractual relations in the vicinity of the Incheon Viewing Incheon Viewing Province, H was selected as an apartment disease control entity. On April 23, 2013, the Defendant received a delivery of KRW 2,00,000,000 as the cost of selection and the meal expenses to its representatives.

2. Defendant B is a person working as the head of the management office of G apartment complex from October 2012 to the present.

No person who administers another person's affairs shall acquire property or financial benefits in exchange for an illegal request in connection with his/her affairs.

Nevertheless, around April 18, 2013, the Defendant received a solicitation from the H representative I of the above apartment management service business office selected as the above apartment disease control company to the effect that the Defendant’s convenience in relation to the progress of disinfection operations and the maintenance of the contractual relationship is changed to their favorable interests, and received a delivery of 1,000,000 won in cash and 300,000,000 won in the market price to be used in the meal place with the Defendant’s child’s child as the expenses for disease treatment.

3. Defendant C is a person who worked as the head of the management office of G apartment complex from around 2010 to the end of April 2013.

A person who administers another person's business.