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Defendant
A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 3,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A, from July 2001 to July 2001, has been working as the chairman of the Trade Union of F Co., Ltd. (hereinafter “F”) in Busan Shipping Daegu, and has been in charge of exercising the right to recommend to the above company in relation to the employment of articles. Defendant B is employed as a bus driver of the above company on July 15, 1998.
On January 31, 2011, the traffic accident was caused by the same year.
4. 20. Re-admissions who have served until now.
1. On February 201, 201, Defendant A received KRW 2 million in cash upon receiving a request from B to receive a return from the head of the house located in Busan Shipping Daegu G, the first and second half of February 201, and the same year.
2. On the receipt of the above solicitation in the “H restaurant” located in G on 16.16. It received a total of KRW 10 million by delivery, etc. of KRW 8 million in cash.
Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.
2. Defendant B’s giving the above solicitation to A at the same date, time, and place as above, and granted a total of KRW 10 million for such solicitation.
As a result, the defendant provided property while making an illegal solicitation about A's duties.
Summary of Evidence
1. Each legal statement of the defendant B and witness I;
1. Defendant A’s suspect interrogation protocol of Defendant A (the copy of Defendant B’s statement and attached deposit passbook) (the copy of Defendant B’s deposit passbook) and his defense counsel asserted that Defendant A did not receive money from Defendant A around February 2011.
However, the following circumstances revealed by this Court based on the evidence duly adopted and examined, i.e., ① Defendant A was elected as the head of F Trade Union Branch around July 2001, and thereafter was elected as the head of F Trade Union Branch and was reappointed for four times thereafter, and among them, he was recommended as a bus engineer to be employed by F and employed by F.