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(영문) 서울중앙지방법원 2011.12.02 2011고합376
배임수재 등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant A was in office as the head of the I Museum in Gyeonggi-H established from January 2003 to June 30, 2010 (the present name is the J Museum).

Defendant

A around May 2007, he recommended M (hereinafter “the instant M”) which Defendant B had a friendly relationship with him for a long time, upon receiving a request from Jinjin-gun from L of the K Museum of Gangwon-do to purchase and arrange the purchase of the Cheongjin-gun to purchase the Ma (hereinafter “the instant request”).

After that, around October 2007, Defendant A was appointed as an appraiser for the assessment of the market price of the instant M and had a duty to conduct appraisal in good faith so that Jin-gun could purchase the instant M at an adequate price. However, at that time, Defendant B received a request from Defendant B to make an appraisal to sell and purchase the instant M at a high price, and made the Gangwon-gun purchase the instant M at a price of one billion won by giving appraisal of the instant M as KRW 1 billion.

Defendant

A stated on December 6, 2007 and around the following day: Provided, That the defendant A stated on December 13, 2007 that three copies of the cashier's checks were issued by the defendant A.

(The 13th page of the 7th trial record). Defendant B was issued a total of 30 million won cashier's checks of KRW 10 million.

As a result, Defendant A received an illegal solicitation from Defendant B to make it possible for Defendant B to sell and purchase the instant M at a high-priced level with respect to his/her duties and acquired property under the pretext of the case.

B. On February 11, 2010, Defendant A’s defamation case is one of the documents of “O Association President P” stating false facts, such as the attached list 1, from N on the part of a broker for selling and selling high art works.

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