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(영문) 수원지방법원 안양지원 2016.01.08 2015고합172
배임수재등
Text

A defendant shall be punished by imprisonment for one year.

46,700,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Since July 2007, Gunpo-si created “E” on the ground of approximately 287,524 square meters in Gunpo-si, Mapo-si, Mapo-si, and at the time of the public announcement of recognition of the project, the Gunpo-si submitted “a certificate of fact of farming” confirmed by the head of the Tong to receive compensation for farming losses.

Accordingly, the Defendant, as a head of Simpo-si FC, prepared a “written confirmation of the fact of farming” for the owners of the above land in the above complex, but did not cultivate, and let them receive compensation from the Simpo-si, and received money in return.

1. As a head of a Tong, the Defendant is in charge of preparing a “a certificate of cultivation” only for those who actually cultivate crops when he/she carries out the business of compensating for losses in agriculture at the military city, and the person who deals with another person’s business shall not acquire any property or property gains in return for an unlawful solicitation in connection with his/her duties.

Nevertheless, on January 2015, 2015, the Defendant: (a) requested H to prepare a “a certificate of fact of cultivation” confirming that he/she is the actual farmer of the said land, even though he/she did not actually cultivate crops in the land located in the Gunpo-siJ, Mapo-si, Mapo-si; (b) prepared “a certificate of fact of cultivation” in the said I’s name; and (c) received KRW 500,000 from H in return.

In addition, the defendant from the point of time of the above day as shown in No. 1 to No. 11 of the List of Crimes

4. By the end, the recipient received a total of KRW 46,700,000 from 11 persons, including the above H, a total of KRW 11 times in the above manner, and the person administering another’s business acquired the property in exchange for an unlawful solicitation in relation to his/her duties.

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