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(영문) 서울북부지방법원 2014.05.08 2013고단3148
배임수재
Text

1. The defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for eight months;

2. Defendant A’s KRW 20,000,000.

Reasons

Punishment of the crime

Defendant

A is a person who, while living in Nowon-gu in Seoul Special Metropolitan City, has been in charge of examining and selecting a childcare center for three apartment complexes as a general secretary of the council of occupants' representatives, and Defendant B is a person who tried to operate a G childcare center in the above complex.

1. On May 20, 2010, Defendant A received a request from Defendant B to select G childcare centers to be operated by Defendant B as the above three complex apartment childcare centers in Seoul Special Metropolitan City, Nowon-gu, and received 20 million won ( check number H and I) from Defendant B, and the person who administers another’s business acquired property in exchange for an unlawful solicitation regarding his/her duties.

2. Defendant B made an illegal solicitation to select a G childcare center operated by Defendant A as an apartment childcare center at the same date and place as above, and thereafter offered Defendant A with KRW 20 million to the Defendant. Defendant B made an illegal solicitation in relation to his/her duties to a person who administers another’s affairs.

Summary of Evidence

1. Part of the protocol concerning the interrogation of suspect against the Defendants (including the cross-examination)

1. Statement to the Prosecutor's Office;

1. Each police statement against the Defendants

1. Each police statement of K and L;

1. Public announcement of the establishment of nursery facilities (not more than 33 pages of investigation records);

1. A's inquiry into the account details of Korean bank transactions, inquiry into the details of the NongHy check transactions, and personal entry and departure status;

1. Application of each investigation report (to attach details of financial transactions in B,K, L, A, confirmation and investigation of enforcement data of warrants applying the trends of financial accounts, to attach data on responses to deposited checks by financial institutions in A, to reverse the payer of B check and attach documentary borrowings, and to attach B check-related M&C investigation by J related payer);

1. Article 357(1) of the Criminal Act (Selection of Imprisonment) of the relevant Act concerning criminal facts and Article 357(2)(1) of the Criminal Act concerning Defendant B;

1. Grounds for judgment and sentencing as to the Defendants’ assertion under Article 357(3) of the Criminal Code

1. Judgment on the Defendants’ assertion

A. Defendants’ assertion.

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