2014 Highest 4663 Acceptance of Misappropriation

1. Park XX (58 - 1), Company members;

Gangnam-gu Seoul Metropolitan Government Gyeongyang-ro

2. Pap (65 - 1), Company members

Housing Gangseo-gu Seoul Metropolitan Government Samangsan City

The △△△△△ (Public Prosecution) and the △△△△ (Public Trial)

Law Firm △△△ (for all of the defendants),

[Defendant, Appellee]

April 21, 2015

1. The defendant is punished by imprisonment with prison labor for not less than 10 months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

47,066,00 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

The defendant shall be ordered to provide community service for 120 hours.

1. Defendant XX is punished by imprisonment with prison labor for six months.

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 80 hours.

Criminal facts

Defendant Gambling 】 (a) around March 2013, at the funeral hall of the Gangseo-gu Seoul Northerndong, is engaged in a general accounting division in charge of overall management of company funds, taxation, settlement of accounts, etc.; Defendant lebs x (a) from October 2002 to the head of the operating team in charge of overall management of the site of the above funeral hall.

When the Defendants select an enterprise that supplies rice, rice, fat, field photographs, and clothes to the above funeral hall, they play a role in setting the ratio of the amount to a certain amount of money to be received from the designated enterprise on the condition that they continue to engage in transactions, and the Defendants were willing to use it for personal purposes, etc. upon receiving the money received in return for the above leap x x the money received in return for the above leap x the above leap x the Defendant’s gambling.

From March 2013 to April 2014, the Defendants received 47,066,00 won in return for illegal solicitation, such as continuous transactions, from six companies, as indicated in the list of crimes in the attached Form, in return for receiving illegal solicitation from the Defendant to provide rice tea, rice tea, and cut, which were sold to his/her bereaved family at an illegal solicitation, in order to continue to be supplied to the funeral hall from this account, and received 894,000 won in return for such solicitation.

As a result, the summary of the evidence in collusion with the Defendants acquired the property in return for an unlawful solicitation in relation to their duties.

1. The defendants' statements in the first trial record;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of each police statement of this account, this account, this account, Kim Jong-young, Matri, Matri-si, and Matri-si;

1. Books related to rebates and photographs of plastic bags;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 357(1) and 30 of each Criminal Code (to select imprisonment with prison labor for each of the same crimes for which an enterprise subject to the increase in the list of annexed crimes is included in the same crime)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment for Concurrent Crimes of Breach of Trust due to Acquisition of Property from △△△△△, the largest penalty)

1. Suspension of execution;

Article 62 (1) of the Criminal Code

1. Social service order;

Article 62-2 of the Criminal Code

1. Collection of additional tax (Defendant Park XX);

Article 357(3) of the Criminal Act

1. The order of provisional payment (Defendant Park XX);

Article 334(1) of the Criminal Procedure Act provides reasons for sentencing

Type 2 (not less than KRW 30 million, but less than KRW 50 million) basic area (from August to June) of 198

[Beneficial circumstances] The Defendant’s mistake is divided and against the Defendant’s mistake; the Defendant’s commission of the instant crime was followed by the erroneous existing practices in the funeral hall industry; some of them were sold after being ordered from the funeral hall; and all of them were returned or deposited with the money received by rebates.

[Unfavorable Circumstances] Although it was around 194, there was a history of being sentenced to the suspension of the execution of imprisonment due to the crime of bribery, etc.; relatively over a relatively long period of time to receive compensation from the poor suppliers on the condition of delivery; hamper the fair competition of the market; enhance the burden of resident residents in difficult areas and provide services with low quality; thus damaging the funeral culture that should be sublime; and the Defendant’s receipt money was used for personal use.

3. Defendant leap XX

[ favorable circumstances] The fact that there is no particular power other than three times other than this paper fine, that there is a penmatic error, that the defendant repents and reflects the error, that the defendant followed the erroneous existing practices of the funeral home industry in the course of committing the crime of this case, and that some part of the funeral home sold the money with profits on the part of the resident after placing the order from the funeral home, and that all of the received money was delivered to the defendant Park xx, and that all of the received money received as the rebates was returned or deposited.

[Unfavorable normal circumstances] Some companies appear to have actively demanded rebates by the Defendant, which may undermine fair competition in the market by receiving the price on the condition of delivery from the poor suppliers over a relatively long-term period of time, which may undermine the fair competition of the market, increase the burden on the residents in difficult areas, and damage the funeral culture that should be respected by providing services with low quality.

4. Determination of sentence;

In light of the above circumstances, the Defendants received rebates, the period during which the Defendants received rebates, the circumstances leading up to the instant crime, the amount of rebates received, and the Defendants’ status in a funeral hall (in a funeral hall, the Defendants wished to be placed in their wife in consideration of their know-how), and the details of the received amount (a part of the funds is used for the payment of taxes at a funeral hall or for the expenses of the meal hall) and other various circumstances, which form the conditions for sentencing specified in the instant records and arguments, shall be determined as per Disposition.

Judges Kim Chang-chul