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(영문) 인천지방법원 2014.01.23 2013고합808
배임수재
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of one million and five hundred thousand won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A from 2002 to 200, Defendant B has been working as a street cleaners of a corporation that was entrusted with the collection and transportation of domestic wastes from the 2nd Dong of Incheon Gyeyang-gu to 2000.

1. Around January 2008, the Defendant received an illegal solicitation from the management office (F) in order to the effect that domestic wastes, such as non-standard plastic bags or abnormal discharged household wastes, which are not standard plastic garbage bags, are delivered to the national bank account under the name of the Defendant from November 2008 in return for the illegal solicitation, and acquired KRW 80,000,000 from September 201 to September 2013 in total under the same name as indicated in the list of crimes in the attached list of crimes. Defendant B received a total of KRW 186,00,000 from the management office of the seven apartment commercial buildings or apartment buildings for the same period from September 201 as indicated in the list of crimes in the attached list of crimes. Defendant B received an illegal solicitation from the management office of Gyeyang-gu in the same purport as the preceding paragraph on January 2008 and acquired it in total from April 5, 2012 to April 201.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against I, J, H, K, L, F, and M;

1. Statement of the N in the police station;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

A. Defendant A: Article 357(1) of the Criminal Act (including each donor) and each choice of imprisonment

B. Defendant B: Article 357(1) of the Criminal Act comprehensively, and selection of fines

1. Aggravation of concurrent crimes (Defendant A), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with the punishment determined for concurrent crimes of taking property in breach of trust, which has been granted money from the largest F);

1. Articles 70 and 69 (2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Article 357 of the Criminal Act; and

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