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(영문) 울산지방법원 2013.09.13 2012고정1307
배임수재
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who is in charge of affairs such as the maintenance and operation of apartment and auxiliary facilities, and the selection of an elevator repair company from around 2001 to May 201, as the president of C Apartments' Council.

On April 26, 2010, the Defendant received a request from the former Elevator Repair Business Operator E to re-elect D as an elevator repair business entity in cash in relation to the selection of the elevator repair business entity of the above apartment building in front of the Taesan-dong, Ulsan-gu, Busan-do. On April 26, 2010, the Defendant received KRW 3.5 million in cash from the former elevator repair business entity.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

2. Determination

A. As evidence that seems to correspond to the facts charged in the instant case, there are witness E, F, G and H investigative agencies and legal statements.

B. In full view of the evidence duly adopted and examined by this Court, the following facts can be acknowledged.

1) C Apartment (hereinafter “instant apartment”)

In order to select an elevator repair business entity on April 2010, five companies have been continuously engaged in the maintenance and management of 21 elevators with a unit price of 80,000 won between D (State) and D before receiving tenders. (ii) On April 25, 2010, five companies, including D (State) tender to select an elevator repair business entity of this case. On April 16, 2010, the council of occupants' representatives opened a tender at the meeting of occupants' representatives around April 16, 2010, Ulsan Elevator was decided to be an elevator repair business entity with a unit price of 70,000 won and the unit price of the elevator repair business entity was reduced from the existing 80,000 to 70,000 won, and it is necessary to continue to maintain a resolution from the existing 80,000 to 20,000 won on April 25, 2012 to 30, 2014.

3) A around that time D (main employee E was the head of the apartment management office at the time of the instant apartment management office.

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