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(영문) 수원지방법원 2015.11.06 2015고합455
배임수재
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 9, 2014, the Defendant served as the president of Suwon apartment complex C (hereinafter referred to as the “instant apartment complex”) in the jurisdiction of the head of Suwon (hereinafter referred to as the “instant apartment complex”) and served as the president of the occupants’ representatives who integrated one complex and two complexes from August 9, 2014 to September 29, 2014.

A person who administers another person's business shall not acquire any property or financial benefits in exchange for an illegal solicitation in connection with his/her duties.

around 15:00 on December 12, 2014, the Defendant received KRW 20,000,000 in total from F to receive cash 10,000,000 in return for illegal solicitation, and around September 19, 2014, the Defendant received KRW 10,000,000 in cash from H “H” restaurant located in Suwon-si G, Suwon-si, for the same reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's statement to F, I, J, and K;

1. Statement of the police concerning L;

1. Deposits, withdrawals, transactions, inquiry into the details of loans, and receipts of borrowings;

1. Determination as to the assertion of the defendant and his defense counsel by the investigation report (Evidence Nos. 22, 23, 31, 46, 48, 50)

1. Although the Defendant’s summary of the assertion was found to have received F in exchange for or through an illegal solicitation at the time and place specified in the ruling, it was rejected by F, and there is no fact that F received KRW 20 million from F.

2. In light of the following circumstances acknowledged by the court’s duly admitted and investigated evidence, the Defendant’s assertion by the Defendant and the defense counsel cannot be accepted on the ground that the Defendant received 20 million won from F in exchange for an unlawful solicitation in relation to the selection of the child care center operator of the instant apartment.

① As indicated in the judgment up to investigation agency and this court, F consistently stated that the Defendant made an illegal solicitation with respect to the selection of the operator of the child care center in the apartment of this case and gave rise to a total of KRW 20 million.

F shall be selected in the selection of a child care center operator.

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