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(영문) 의정부지방법원 2013.08.23 2012고단2937
배임수재
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is currently a person who served as the head of the F in Yangju-si, the general secretary of the G Lee this Chapter Council in around 2006, and around 2008, the president of the above Lee this Chapter Council, and the head of the military infrastructure of the above this Chapter Council for about 10 years, and Defendant B was a person who served as the representative director of the (State) I in Yangju-si from May 1, 2005 to July 13, 2012.

1. Defendant A had the duty to protect the rights and interests of farmers by reviewing the supply company’s terms and conditions such as the quality and price of fertilizers for farmers as members of the F Lee this Chapter and Lee this Chapter, and in selecting the supply company, Defendant A had the duty to protect the rights and interests of farmers by ensuring that the supply company’s high-quality quality of livestock can be supplied at low-quality prices.

Nevertheless, around December 2008, the Defendant promised to receive money and goods equivalent to 300 won per fertilizer per 1 fertilizer from B in order to serve as the president of the above Lee this Chapter Council and deliver fertilizers from B, and then, there are other suppliers with the same and quality of farmers' self-charges. However, the news report was made due to the supply of defective fertilizers, and around 2007, there was a substantial discount of farmers' self-charges in lieu of rebates, and around 2007, the Defendant made the following: (a) I would be selected as the supplier by unilaterally notifying the officers of the Council of the selection of the supplier through the officers of the Council.

Accordingly, the Defendant, in violation of his duties, received 10,317,000 won (i.e., 34,390 won x 300 won) in 2009, received 15,877,050 won around 2010 (i.e., 45,363 won x 350 won), and received 9,000,000 won out of 13,14,500 won around 2012 (i.e., 43,815 square x 300 won), and received 35,194,050 won in total as rebates.

2. Defendant B: (a) total of KRW 35,194,050 in return for an illegal solicitation to A as above.

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