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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2014.08.29 2014노2048
배임수재
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the court below found the Defendants not guilty of all the charges of this case against the Defendants, despite the fact that the Defendants received eight million won in return for an unlawful solicitation. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged of this case 1) Defendant A, Defendant B, and Defendant B were the president and the general secretary of the council of occupants' representatives of the F Apartment-gu Busan Metropolitan City, and Defendant G concluded a contract with the council of occupants' representatives of the above apartment around May 20, 2009 and concluded a contract with the council of occupants' representatives of the above apartment amounting to KRW 637.5 million, which was in progress from June 1, 2009, and gave an appropriate direction and direction to the overall progress of the above apartment rupture repair and reconstruction construction, thereby protecting the rights and interests of the aforementioned apartment residents. Nevertheless, Defendant B under the direction of the above apartment management office around October 209, upon receiving the aforementioned order from Defendant C, who is the representative director of G, the above apartment management office of the apartment apartment, offered convenience in giving the above apartment rupture repair and reconstruction construction supervision of the above apartment rupture, and received the aforementioned illegal solicitation from Defendant C1 and Defendant C2 in collusion with the above illegal solicitation.

B. In addition, there is no direct evidence of the lower court’s determination that there was an explicit or implied solicitation to the effect that “to provide convenience in the supervision of the rupture repair and re-building construction of the above apartment and to help the construction owner of the apartment in the future.” In addition, there is no record.

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