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(영문) 수원지방법원 2015.07.17 2015고합170
배임수재
Text

Defendant

B shall be punished by a fine of 5,000,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

On October 10, 2014, the Defendant (Defendant B) was sentenced to a suspended sentence of two years for the ten-month period of imprisonment with prison labor for taking property in breach of trust at the Busan District Court, and the judgment became final and conclusive on April 17, 2015.

On January 2013, the Defendant was selected as an entrusted management company of the Yeongdeungpo-gu F Apartment-gu Seoul Metropolitan Government by D, the business director of the apartment management company (hereinafter referred to as the “D”) from E, the apartment management company, which is the apartment management company, after receiving a proposal as to whether or not he/she wishes to operate the Fright Center in the apartment complex, and followed it. On February 2, 2013, the Defendant was decided by E to entrust the management of the Fright-gu, which is not the resident's self-management company, and thus, the Defendant was required to take personnel when he/she entrusts the Fright Center.

On March 26, 2013, the Defendant participated in the Bayn Center tender (ju)G and Dong business and then was selected as an operating company. On March 26, 2013, the Defendant issued cash of KRW 15 million to E at the Seongdong-gu Seoul H Apartment Management Office around the end of 2013.

As a result, the Defendant provided property to E, a business director of the entrusted management company, in relation to the illegal solicitation that the Defendant would be selected as the operator of the above apartment insignia center.

Summary of Evidence

1. Defendant B’s legal statement

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. E prosecutorial statement;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Data concerning the selection of an operator or operator of a sports center;

1. Investigation report (report attached to the operating contract of the Museum), investigation report (in relation to the case, a copy of the indictment attached);

1. Previous convictions: References to criminal records and investigation reports (reports on attachment of decisions related to relevant cases) shall apply to statutes;

1. Article 357 (2) of the Criminal Act and the choice of a fine concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act to attract the workhouse;

1. The scope of punishment by law: Fine not exceeding five million won;

2. The defendant who has rendered a sentence shall operate the apartment emblem center.

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