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(영문) 부산지방법원 2015.05.01 2014고합903
배임수재
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is the head of the management office of the J Hospital funeral hall located in Seo-gu, Busan.

The defendant, in collusion with K, L, M, and N, who is an employee of the above funeral hall, agreed to give and receive compensation for the contract with the above defendant B, C,O, P, etc., who is an employee of the above funeral hall. The defendant demanded that the bereaved family who entered into the above funeral hall lease contract with the above defendant B, C,O, P, etc. be aware of the fact that "the defendant knows that he would be well grounded in our country." The ordinary bereaved family members want to live in the funeral procedure and make a prompt funeral, who wanting to be able to refuse the request of the funeral hall, were delegated with the authority to arrange the contract with the above defendant B, etc. by entrusting the right to arrange the contract with the above defendant B, etc., by taking advantage of the fact that it is difficult for the bereaved family members to refuse the request of the funeral hall.

At the funeral hall office of the above J Hospital around January 2010 with the above K, the Defendant received an illegal solicitation from the above J Hospital in relation to the duties of “to give consideration to a contract with a bereaved family member” as above from the above C, and then arranged the contract with the above C after being delegated with the authority to arrange the contract with the above C from a resident with a name-free resident at that time, and then acquired KRW 300,000 as a consideration for the above C, from that time to October 2013 in the same manner, and acquired KRW 93 million in total under the pretext of the above illegal solicitation as shown in the crime daily list (1) in the same manner from that time.

Accordingly, the defendant, in collusion with the above K, acquired property in exchange for an illegal solicitation in relation to his duties.

2. Defendant B

A. A. Around January 2010, the Defendant issued KRW 300,00 to Defendant A, etc. on the ground of paragraph (1) at the funeral hall of the said J Hospital for the same reason as the case cost for illegal solicitation.

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