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(영문) 대구지방법원 2018.09.06 2018고정93
배임증재
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The C Federation, an incorporated association, shall be a corporation that provides subsidies from the Ministry of Health and Welfare to the National Treasury and carries out projects for promoting the rights and interests of persons with disabilities, such as the D Association, and it may establish eight organizations with disabilities, such as an incorporated association, as its members, and conduct cleaning goods projects and other projects necessary for accomplishing

E around March 7, 2013, a person who was appointed from the Standing Representative F of the above Federation as the “Director of the Business Affairs of the C Federation” and was in charge of business activities for the federation, thereby having the duty to select the service company in accordance with fair and transparent procedures. The Defendant is the representative director of G corporation established for the purpose of sanitary management service business.

On November 27, 2014, the Defendant received an unlawful solicitation from E to the effect that “I shall have the head of the business headquarters of the Association, and if I would have received four million won, I would like to give four contract terms if I would have received four contract terms and conditions, I would like to make an illegal solicitation to E, and remitted five million won to the Daegu bank account in the name of C(E) on the same day.

As a result, the defendant, as the head of the Chap, made an illegal solicitation on the duties of E in charge of profit-making business as a corporate head of the Chap, and offered property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J and E;

1. A protocol concerning the examination of suspects of the accused or E by the prosecution;

1. Each police statement made to J and I;

1. Investigation report ( telephone conversations with Secretary General of the C Federation with K);

1. Application of relevant statutes to the details of Daegu Bank Account Transactions (A), five million won remittance receipts, content certifications (A-E), and financial account transactions;

1. Article 357(2) and (1) of the former Criminal Act (amended by Act No. 14178, May 29, 2016); the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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