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(영문) 인천지방법원 2015.07.24 2015고정318
배임수재
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

C is a cleaning vehicle driver of D Co., Ltd., a cleaning company, and the defendant is a person who has worked as a standing car.

Around September 2012, the Defendant and C received proposals from E, a recyclable goods collector, that “If he/she disposes of garbage discharged in a general plastic plastic bag, not a standard plastic garbage bag, in a restaurant or marina, etc. in the F district area, he/she will receive a word “monthly” from the business establishment in return for the disposal of garbage discharged in a general plastic plastic bag, not a standard plastic garbage bag.”

Accordingly, the Defendant and C received a total of 2.4 million won per month from business establishments, such as Gmaart, H, and I restaurants, located in F districts from September 2012 to December 2012, every 600,000 won.

As a result, the Defendant conspired with C to manage another person's business and acquired property in exchange for an illegal solicitation in relation to his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, C and E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Examination protocol of suspect C by the prosecution;

1. Application of Acts and subordinate statutes to the first police statement to K;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 357 (3) of the Criminal Act for collection of penalty surcharges;

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

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