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(영문) 서울북부지방법원 2015.04.21 2014고단4663
배임수재
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a director in charge of overall management of company funds, taxation, and settlement of accounts at the funeral hall of the F Hospital in Gangnam-gu Seoul, Seoul, and Defendant B is a person working as the head of the operating team in charge of overall management of the site operation of the above funeral hall from October 2002.

When the Defendants select an enterprise that supplies rice, rice, fat, field photographs, portraits, etc. to the above funeral hall, they play the role of Defendant B by setting the ratio of the amount to be received in return for a certain amount of money under the condition of continuous transaction from the designated enterprise. Defendant A conspired to use the money received in return for the above B for personal use.

From March 2013 to April 2014, the Defendants received KRW 47,06,00 in return for unlawful solicitation, such as continuous transactions, from six companies, as indicated in the list of crimes in the attached Form, from the above date and time to April 2014, the Defendants received the delivery of KRW 47,06,00 in return for the payment of the said illegal solicitation, as described in the list of crimes in the attached Table, to the funeral hall, in return for an illegal solicitation, to provide rice liquor and cute continuously to the funeral hall.

As a result, the Defendants conspired to acquire the property in return for an illegal solicitation in relation to their duties.

Summary of Evidence

1. The defendants' statements in the first trial record;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Each police statement concerning H, I, J, K, L, and M;

1. Application of Acts and subordinate statutes to books and photographs related to rebates;

1. Relevant provisions of the Criminal Act and Articles 357(1) and 30 of the Criminal Act (in cases where an enterprise whose name is increased in the list of crimes in attached Form is the same crime, the selection of imprisonment shall be subject to the same crime);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of each Criminal Code is due to the acquisition of property from the largest N;

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