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(영문) 부산고등법원 2014.05.15 2014노128
배임수재
Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A (hereinafter referred to as “Defendant A”) recognizes all the facts of receiving money and valuables on the facts stated in the judgment of the court below. However, as stated in the judgment of the court below, the Defendant does not receive money and valuables in return for an illegal solicitation with the content clearly stated in the judgment of the court below. In other words, the Defendant receives money and valuables from G Co., Ltd. (hereinafter referred to as “G”) on January 4, 2010 and retired on September 30, 2010. ① 15 million won related to K 1.B. of the facts stated in the judgment of the court below, rather than as the price for solicitation of “business convenience related to the promotion of small and medium enterprise cooperation in K K K’s AG’s small and medium enterprise research and development tasks,” rather than as the price for solicitation of “the above business activity to cooperate in the opening of markets for power plants and construction companies related to power plants,” and ② the Defendant can be considered to have received money and valuables from the company under the judgment of the court below to participate in the above business activity.

In light of the contents of the duties assigned to G at the time, it is limited to KRW 3 million, KRW 2 million, and KRW 2 million in relation to Q in Q in this paragraph, and the convenience for the future when there are related duties, and in light of the contents of the duties assigned to the Defendant in G at the time, it is not an illegal solicitation as stated in the judgment of the court below, and it is not a consideration for the same crime (4).

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