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(영문) 대구지방법원 서부지원 2017.07.21 2016고단2697
배임수재
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of Section D, a regional housing association agent, and Defendant B is the representative director of Section E, a Indian construction business company.

1. Defendant A was entrusted with affairs related to the construction and sale of apartments by the promotion committee of the above C Regional Housing Association, and Defendant A was in charge of the recruitment of members, the consent of props, and the recommendation of subcontractors related to the Model Staff construction.

On November 25, 2014, the Defendant received an illegal solicitation from the Busan Southern-gu F, Busan-do Office, and the third floor D office to the effect that the Defendant would be able to receive a contract for the construction of C Housing Promotion Center’s interior. On November 25, 2014, the Defendant acquired KRW 20 million from the national bank account (H) in the name of G, the Defendant’s seat.

As a result, the defendant, who is in charge of another person's business, acquired financial benefits equivalent to KRW 20 million in return for an illegal solicitation in relation to his duties.

2. Defendant B offered 20 million won when making an illegal solicitation to the above A at the same date, time, and place as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting a crime: Article 357(1) of the Criminal Act (elective of imprisonment): Article 357(2) and Article 357(1) of the Criminal Act (elective of imprisonment);

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A who has collected additional charges: Taking into account the circumstances surrounding the crime, relationship with A, and the fact that the reason for sentencing under Article 357(3) of the Criminal Act has no criminal record and is against the same kind of offense, and that there is no criminal record heavier than the previous criminal record or fine; and

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