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(영문) 인천지방법원 2019.01.24 2018고합746
배임수재
Text

Defendant

A Imprisonment for one year, Defendant C shall be sentenced to six months of imprisonment, Defendant D and N shall be sentenced to a fine of two million won, and Defendant H shall be sentenced to a fine of two million won.

Reasons

Punishment of the crime

Defendant

A, B, C, and D are employees of P Co., Ltd. who collect daily garbage and food garbage in Incheon OO-gu. Defendant E is “ Q”, Defendant F is “R”, Defendant G is “S”, Defendant H is “U”, Defendant J is “V”, Defendant K is “W”, Defendant L is “X”, “Z”, “Z”, and Defendant N is “A” in the name of “AA.”

1. On September 2015, Defendant A, in collusion with B, C, and D, stated “S” restaurant located in Incheon AC without a payment certificate, the Defendant issued a request to collect food waste and household garbage discharged from G to a general plastic bag without a payment certificate, for collection of KRW 30,00 in return, in response to a request to collect food waste and household garbage discharged from G to a general plastic bag without a payment certificate. However, according to evidence, it is obvious that this is a clerical error and thus ex officio correction is made ex officio.

There was a total of 1,4980,000 won from the owners of the business, such as the attached list I, in the above manner.

As a result, the Defendant, in collusion with B, C, and D, managed the collection of household garbage in collusion with each other, acquired a total of KRW 1,498,00 in return for an illegal solicitation in violation of his duties.

2. On May 2018, Defendant B, in collusion with Defendant A, received 30,00 won from G in return for an illegal solicitation with the same purport as that of paragraph (1) from G from around May 2018, and from that time until June 2018, Defendant B received 1,320,000 won in total from the owners as described in the attached List II.

In this respect, the Defendant is against A.

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