Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Punishment of the crime

Defendant

A is an employee of the Honam Livestock Farming Association that entered into an agency contract for the collection and transportation of food and beverages from December 2004 to January 20, 2015, and is engaged in the collection and transportation of food and waste within the territory of Bapopo City while serving as an employee of the Housing Association of the Honam Livestock Industry. Defendant B is a person who operates a cafeteria located within Bapo City in Bapo City.

1. On January 4, 2013, Defendant A was engaged in the business of collecting and transporting food waste in accordance with the consignment agreement with Bapo-si while working at the Livestock Farming Association in the above Honam Livestock Farming Association. Defendant A received illegal solicitation to collect food waste generated from the D Mepo-si, the owner of the Mepo-si, the D cafeteria in the above Mepo-si, without attaching a payment completion certificate issued at the Mepo-si.

In response, the Defendant received 140,000 won from B to B’s bank account (Account Number E) in the name of the Defendant on the same day, as well as from around that time to July 3, 2014, the Defendant received a total of 1.120,000 won under the same name, such as the list of crimes, from around that time to July 3, 2014.

As a result, the defendant acquired property in return for an illegal solicitation as to his duties as a person who administers another's business.

2. Around January 4, 2013, Defendant B transferred total of KRW 1120,00 won over eight occasions from around that time to July 3, 2014, including: (a) in solicitation from the Defendant’s house located in Sinpo City, as above, and remitting KRW 140,000 to the said A under consideration; and (b) in relation to the duties of the person who administers another’s business, as described in the attached list of crimes, he/she transferred money to the said Defendant’s house.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 357(1) of the Criminal Act (Selection of a punishment penalty);

B. Defendant B: Article 357(2) and Article 357(1) of the Criminal Act (excluding punishment).