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(영문) 서울서부지방법원 2017.11.08 2017고단2139
배임수재
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

D An apartment reconstruction and rearrangement project association (hereinafter referred to as "association") is a corporation established on November 21, 2013 for the purpose of improving the urban and residential environment by removing buildings, such as apartment buildings, on the size of 179,794.90 square meters in Gangnam-gu Seoul Metropolitan Government E-gu, constructing new apartment buildings, etc. of a total of 3,256 households, and improving the residential stability and quality of residential life.

The defendant worked as a representative of the union from the time of its establishment to the date of its establishment, while performing the duties of deliberation and resolution on the affairs of the union, including the conclusion of contracts necessary for the progress of the union's business. When performing the duties of deliberation and resolution on the conclusion of contracts, etc. necessary for the progress of the union's business, the defendant is a person with the occupational duty to be selected as the most suitable company for the interests of the union members. F is the chairperson of the (State)G specializing in the removal at the redevelopment and reconstruction site, and H is the person in charge of the duties of ordering removal at the discretion of the (State)G.

Around December 2013, the Defendant became aware of H around H, and around that time, the Defendant received an illegal solicitation from H to the effect that if the said association subsequently selected the removal company, etc., (ju) the Plaintiff would be able to receive necessary information inside the association, and in violation of its duties, received an order from H to receive an instruction from F at the restaurant for non-explic articles located in Gangnam-gu, Seoul, on January 3, 2014, and received KRW 40 million in total, as shown in the list of crimes in the attached Table, until December 6, 2014.

Accordingly, the Defendant received illegal solicitation in relation to his duties and acquired KRW 44 million from F.

Summary of Evidence

1. Partial statement of the defendant (Recognition of acceptance of some money or valuables);

1. Legal statement of the witness H and F;

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Application of a copy of H’s business, and a certified copy of partnership registry, to statutes;

1. Article 357(1) of the Criminal Act of the same Act concerning the facts constituting an offense (in general, Article 357(1)

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