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(영문) 인천지방법원 2012.10.25 2012고정3171
배임수재
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a member of the “Preparatory Committee for the C Housing Redevelopment Improvement Project” from June 2010, and is working as a member of the C Housing Redevelopment Improvement Project Promotion Committee from March 16, 2011.

The above committee for the establishment of an association performs the duties of selecting and changing designers, and the defendant performs the duties of selecting a designer (the preparation of an analysis table on the design ability, performance, etc. of each design company). The defendant shall act faithfully for the interests of the residents as members of the committee for the establishment of an association, and the defendant shall not represent the interests of the design company, such as the architect D, which are linked with the promotion committee in the course of performing their duties, or receive money or valuables in relation thereto.

around March 16, 2011, the Defendant received KRW 3 million from G to the F apartment near the Defendant’s residence in Gyeyang-gu Incheon, upon receiving a solicitation from the head of the business headquarters of the business entity D of the corporate architect office D to select D as a designer of the C Housing Redevelopment Improvement Project. On April 16, 201, the Defendant received KRW 6 million in total from the above G at the same place around the same time as, around April 16, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G or H concerning the public prosecutor;

1. Application of Acts and subordinate statutes to suspect A bank access details and investigation reports (a suspect A's written statement (time and place when he/she has received 18 million won));

1. Relevant Article 357 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 357 (3) of the Criminal Act for collection of penalty surcharges;

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

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