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(영문) 서울북부지방법원 2020.01.30 2018고단5334
배임수재
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

However, this judgment is delivered against Defendant B.

Reasons

Criminal facts

1. The Defendant committed the crime of Defendant A, from November 2012 to October 2014, was the representative of the Dobong-gu Seoul Metropolitan Government apartment Dong, who is the head of the above apartment Dong from November 2014 to October 2016, and was in charge of the selection, management, etc. of the recycling collecting company for the aforementioned apartment residents.

On March 26, 2014, at a restaurant where the trade name in Dobong-gu Seoul Metropolitan Government is unknown, the Defendant gave up the competitive enterprises participating in the bidding from B, the representative of D, “D,” and received the solicitation that D would be selected as the above apartment recycling goods collection enterprises, and received KRW 5,00,000,000, in return for the acceptance of the solicitation that D would be selected as the above apartment recycling goods collection enterprises.

The Defendant, including this, received a total of KRW 59,00,000 from B to August 12, 2016, in total, 10 times as consideration for illegal solicitation, such as the selection of a collection company of the above apartment recyclables.

2. Defendant B’s crime is the representative of “D”, which is a recyclable resource collection company, and the Defendant made an illegal solicitation that D may be selected as the said apartment waste collection company, at the time and place under paragraph (1) and delivered KRW 5,000,000 in cash at tin in return for such solicitation and delivered KRW 5,00,000 in total from around that time to August 12, 2016, as shown in the list of crimes in attached Table, as shown in the list of crimes, and issued KRW 59,00,000 in total to A in consideration of illegal solicitation, including the selection of the said apartment waste collection company.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The witness B’s legal statement (as to the defendant A)

1. Each police statement of E;

1. Investigation report (to hear B telephone statements);

1. Investigation reports (the check issuer, the issuing account, and the issuer’s confirmation), detailed statements of transactions of each automated machine, and credit cards, respectively;

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