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(영문) 서울고등법원 2016.04.28 2015노3187
배임수재
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

(b).

Reasons

The defendant 1, 100 million won in each of 3,40 million won in attached Form A list of crimes (1) in the judgment of the court below, has not been received by the defendant 1,000 won in the summary of the grounds for appeal.

misunderstanding the facts concerning the establishment of the crime of taking property in breach of trust and misunderstanding the legal principles, the amount that the Defendant received from B is merely subsidized from B for expenses incurred in obtaining N from the Korea Rural Community Corporation, and it is not accepted fromO in return for requesting to subcontract dredging and soil construction among the above N Corporation. Thus, the crime of taking property in breach of trust is not established.

The sentencing of the court below (two years and six months of imprisonment) against the illegal defendant is too unreasonable.

Defendant

B misunderstanding of the facts concerning the establishment of the crime of re-violation of trust and misunderstanding of the legal principles on the establishment of the crime of re-violation of trust and 300 million won that the defendant delivered to P in relation to the above NN construction, and 300 million won that the defendant delivered to P in relation to the R construction, are provided with expenses incurred in obtaining orders from each L to each of the relevant construction works, and the O is not paid in return for illegal solicitation because it does not require L to receive a subcontract for each of the construction works.

The misunderstanding of the facts and misunderstanding of the legal principles on the amount of the charges of breach of trust shall be calculated as the amount equivalent to interest on the amount of the charges of breach of trust, even if the defendant committed a re-violation of the charges of breach of trust in relation to the amount of KRW 500 million delivered to A and KRW 300 million delivered to P as above.

The sentencing of the court below (one year of imprisonment and two years of suspended sentence) against the illegal defendant is too unreasonable.

Since the public prosecutor (defendant B) mispercing the facts about the crime of giving a breach of trust and misunderstanding the legal principles, P demanded the provision of KRW 300 million to Defendant B prior to the conclusion of the subcontract agreement of the K Dredging Corporation, Defendant B made an illegal solicitation about the receipt of subcontract agreement against P.

It is true that there is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

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