206Gohap68 Violation of Trust and Water Supply and Waterworks Installation Act

206Gohap94 (Joint)

A or in-service (pre-exploitors)

nan

nan

April 19, 2006

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. 7 days under confinement prior to the rendering of a judgment shall be included in the above sentence;

3. 18,300,000 won shall be collected from the defendant.

Facts of crime

1. The Defendant, who had been working for ○○○○ Sovereign from June 2, 2001 to December 22, 2005, was at the place of operation around the end of April 2003, the Defendant: (a) received illegal solicitation from A to make the water supply rate less; (b) attached measuring instruments to the contrary to the water supply rate of the water meter; (c) unjustly reduced the water supply rate by falsely reporting the water use volume to ○○○; and (d) received KRW 300,000 in cash from that time until November 205, the Defendant received KRW 9,60,000 in total from A from around 32 occasions from that time until the end of November 2005; and (e) acquired property in exchange for unjust solicitation in relation to his duties;

B. At the place of operation of B around September 29, 2004, at the illegal solicitation of B, from B, to the same purport as B, “A” unfairly reduced the water supply fee in the same manner as B, “A,” and received KRW 500,000 in cash from that time until November 2005, from that time, by receiving KRW 7,50,000 in total from B in 15 times as shown in the Schedule of Crimes (2) from B, from that time until the end of November 2005, acquire property in exchange for an unlawful solicitation of its duties;

C. At the place of operation at the end of January 2005, C, C, with an illegal solicitation from C, to the same effect as D, “C,” and “A, with an unreasonably reduced water supply fee in the same way as D, and received cash of KRW 300,000 from that time until April 2005, as shown in the attached list of crimes (3), Co-Defendant B received the total sum of KRW 1,200,000 from C through Co-Defendant B and acquired property in exchange for an unlawful solicitation as to its duties.

2. The Defendant, without obtaining the prior consent of the general waterworks business operator, destroyed the water supply facilities by removing the double sealing of the water supply equipment, which is the water supply facilities, from among the water supply facilities, in order to measure the water supply supply quantity in opposite to the illegal solicitation, such as "A," "A," "A," and "B, around November 2004, upon illegal solicitation", installed the water supply facilities in the same manner as "B, upon illegal solicitation," and "B, upon receiving the water supply facilities," as "B, upon the opposite to the water supply facilities."

Summary of Evidence

1. The statement made by the Defendant and Co-Defendant B in this Court 1. The statement made by C in this Court that C is the witness

1. Entry of a copy of the rules on consignment of waterworks inspection;

1. Statement written by the assistant judicial police officer in relation to C and D;

1. Each description of the investigation report on the list of police officers and monetary records prepared by the assistant judicial police officers, the investigation report on the detailed statement of charges, the investigation report on the assessment of charges in 204 and 2005, the investigation report on the replacement of water measuring instruments, the investigation report on the calculation of water rates, and the investigation report on the calculation of water rates;

1. Written statements prepared by B;

1. Entry of each protocol of examination of suspect B, A, and C prepared by the assistant judicial police officer;

Application of Statutes

1. Article applicable to criminal facts;

- Each evidence of breach of trust: Article 357(1) of the Criminal Act (as stated in the judgment, inclusive of 'A', 'B' and 'C', respectively)

· The occupation of causing damage to water supply facilities: Article 61 subparag. 4 and Article 16 of the Water Supply and Waterworks Installation Act;

1. Selection of punishment;

Imprisonment, respectively;

1. Aggravation of concurrent crimes;

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. (Aggravation of concurrent crimes with Punishment for Breach of Trust set forth by A, and A)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Additional collection:

Article 357(3) and (1) of the Criminal Act

Grounds for sentencing

The crime of this case is very poor in the nature of the crime of this case, such as the fact that the amount of the crime of this case has been continuously low for a long time and the defendant actively demanded money and valuables to some business establishments, the fact that the defendant has actively demanded money and valuables, the actual amount of the water supply fee reduced for the business establishment that acquired money and valuables, and the water supply business operator has inflicted substantial damage upon the waterworks to conceal such corruption, and the crime of this case is committed in order to conceal such corruption. Although the defendant had no prior history of punishment, even if he had no prior history of punishment, he cannot be held liable for the severe responsibility for the crime,

Judges Lee Jae-won

Judge Kim Gung-hun

Judge semi-Decree

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.