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(영문) 부산지방법원 서부지원 2017.08.31 2017고합66
배임수재
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 1995, the Defendant was in office as Busan D's cleaning administration and environment US dollars from January 201 to December 31, 2012, and was appointed as E's cleaning supervisor from January 2010 to December 31, 2012, and was in charge of the duty to report the working status and service status of the environmental U.S. workers in the area and to deliver the direction to Busan D's cleaning administration.

On December 2, 2010, the Defendant’s “U” as stated in the indictment in J, K, L, M, N, andO, which is a cause of the new environmental U.S. dollars that the Defendant was in charge of cleaning the area supervised by the Defendant in the Busan D Environmental U.S. waiting room located in Busan. Accordingly, the Defendant’s correction is clearly a clerical error in the “O”;

P, Q, R, and S have worked in D and required 30,000 won each month on behalf of the defendant instead of affixing a seal on the work book kept.

Accordingly, around 07:00 on February 1, 201, the Defendant received 3,680,000 won from 10 environmental U.S. members, such as the above J, who were under the supervision of the Defendant at the rest area of drivers located in Busan, and could not easily refuse the above proposal, and received 3,00,000 won from May 1, 201, under the pretext of an illegal solicitation that changed convenience in the supervision of the work sealing and cleaning work, and received delivery of 16,00 won in total from May 1, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against J, K, L, and S;

1. Each statement of R, Q, M, N,O, and P;

1. Police seizure records;

1. Application of Acts and subordinate statutes on the attendance book;

1. Article 357(1) of the former Criminal Act (amended by Act No. 14718, May 29, 2016) applicable to the crime and Article 357(1) of the former Criminal Act (amended by Act No. 14718, May 29, 201);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014

1. Article 357 of the former Criminal Act (amended by Act No. 14718, May 29, 2016) is amended.

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