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(영문) 수원지방법원 성남지원 2014.05.29 2013고단2893
배임증재
Text

1. Defendant A shall be punished by imprisonment for four months and by imprisonment for ten months;

2.Provided, That this ruling shall have become final and conclusive.

Reasons

Punishment of the crime

1. Defendant B is a person who works as a regular manager of G Co., Ltd., the main business of which is the entrusted management of apartment complex and is in charge of managing H apartment complex in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and who deals with the affairs related to the selection of childcare center

Defendant

B has been openly recruited in order to enable A to acquire the right to operate a child care center in the apartment complex in return for the money from the J and I to arrange the right to operate the child care center.

I, around April 12, 2012, transferred KRW 120,000 to the account designated by J on the same day, along with A’s solicitation to request A to acquire the right to operate a child care center, and the J transferred KRW 70,000,000 to the account designated by J on the same day, and around April 16, 2013, the KJ received KRW 70,000 from I and delivered KRW 30,000,000,000 to Defendant B at the G corporation office located in Yongsan-gu Seoul Metropolitan Government KK building 308.

As a result, Defendant B, in collusion with the above I and J, received delivery of KRW 120,000,000 in return for an illegal solicitation in connection with his duties.

2. Defendant A, at the same date, at the same time and place as above in the preceding paragraph, made 120 million won to I, and through the above J, granted KRW 30 million out of the above money to the above B, an executive officer of G Co., Ltd. in charge of the above H apartment management through the above J, thereby making an illegal solicitation regarding his/her duties to the person who administers another’s business and granting KRW 120 million.

Summary of Evidence

1. Defendants’ respective legal statements

2. Each prosecutor's interrogation protocol concerning I;

3. Copy of the prosecutor's statement concerning L;

4. A copy of the M Statements;

5. Application of a copy of transfer certificate to statutes.

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

(a) Defendant A: Article 357(2) and (1) of the Criminal Act;

(b) Defendant B: Articles 357(1) and 30 of the Criminal Act

2. Defendants on probation: Article 62(1) of the Criminal Act

3. Defendant B:

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