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(영문) 서울중앙지방법원 2014.09.24 2013고정3817
배임수재
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, who is engaged in the real estate brokerage business, worked as the head of the C.C. association, and in collusion with E, the representative of the D and executor company, who is in charge of the affairs of the C.C., demanded for a “f.m.” in addition to the members’ contributions.

Accordingly, around March 25, 2011, the Defendant was issued KRW 23 million under the pretext of a premium, along with an illegal solicitation to the effect that at the G Licensed Real Estate Agent Office located in Dongjak-gu Seoul Metropolitan Government, the Defendant subscribed for membership from H.

As above, the Defendant, in collusion with D, received the above money in exchange for an illegal solicitation in relation to D’s solicitation of members.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement made by a witness H in the third protocol of the trial;

1. Copy of the protocol of interrogation of the police by J; and

1. Partial statement of the police interrogation protocol of the accused;

1. Copy of the statement made to H by the police;

1. Each copy of the complaint, the briefs (as of March 13, 2013), the briefs (as of April 15, 2013), the briefs (as of May 22, 2013), the briefs (as of May 15, 2013), and the briefs (as of July 15, 2013), respectively;

1. Application of Acts and subordinate statutes to copies of complaint;

1. Articles 357 (1) and 30 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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