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(영문) 서울중앙지방법원 2017.02.03 2016고단8807
배임수재
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employee of the contract affiliated with C Co., Ltd. who is a company collecting household garbage in Seongbuk-gu Seoul Metropolitan Government, and a person who conducts the collection of household garbage by driving a cleaning vehicle.

1. On February 8, 2012, the Defendant received a request from the FF operating the food processing company “E” located in Seongbuk-gu Seoul Metropolitan Government Food Processing Company “E” to store daily garbage in a general plastic bag, not a standard plastic garbage bag, and received a request for collection, and transferred KRW 150,000 to the Defendant’s account in the name of the Defendant.

The Defendant, including that, from around that time to September 9, 2016, received a total of 6.6 million won from F on a 46 occasions under the same name as indicated in the list of crimes in attached Form F, and acquired property in exchange for an unlawful solicitation in relation to his/her duties.

2. On January 2013, the Defendant received a request for collection of KRW 30,000 in cash from an “H restaurant” located in Seongbuk-gu Seoul Metropolitan Government, from I, who is the manager of the said restaurant, impliedly discharged daily garbage in a non-standard plastic bag, and received a request for collection.

From around that time to September 2016, the Defendant received 30,000 won (a total of 1,350,000 won) each month from I under the same name, and was a person who administers another’s business and acquired property in exchange for an unlawful solicitation in relation to his/her duties.

3. On September 2014, the Defendant received a delivery of KRW 20,000 in cash from a L who operates the said restaurant at the “K cafeteria” located in Seongbuk-gu Seoul, Seongbuk-gu, for a request for the collection and removal of daily garbage in a general bag, not a standard plastic garbage bag.

The Defendant, including that, from around that time to September 2016, received KRW 25,00 (total of KRW 500,000) monthly delivery from L on the same pretext, and is a person who administers another’s business and received an illegal solicitation in relation to his/her duties.

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