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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.12.18 2014노3537
배임수재
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant C received KRW 10 million from Defendant D on June 23, 2009, Defendant C’s assertion of mistake of facts, Defendant C merely notified Defendant D of the phone number with the consent of Defendant D and did not receive illegal solicitation from Defendant D, the lower court found Defendant C guilty of the facts charged in this case by misunderstanding of facts.

B. The lower court’s sentence on the Defendants’ assertion of unfair sentencing (the Defendant C’s imprisonment for six months, two years of suspension of execution, community service work 160 hours, additional collection KRW 10 million, Defendant D’s imprisonment for four months) is too unreasonable.

2. Determination

A. (1) The evidence duly adopted and examined by the court below and the court below and the following facts or circumstances acknowledged by the records as follows, namely, the defendant D, who was the broman of the right to arrange the operation of a child care center, found C who was the head of the above apartment management office around May 2009 to be awarded a successful bid for the right to operate the child care center in the Suwon-gu L apartment, Suwon-si. (2) around that time, the defendant D requested the head of the above apartment management office to the effect that "I want to be selected as the child care center operator in the apartment house, because I want to do so." The defendant C requested that "I would like to be selected as the child care center operator in the apartment house, before the establishment of the council of occupants' representatives," "the council of occupants' representatives was the head of the council of occupants' representatives or the mother, who was the head of the above apartment in the process of responding to the fact that the defendant C, who was the head of the above apartment-care center, was aware of the fact that the plaintiff D's bid was limited.

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