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(영문) 대구지방법원 2018.12.05 2018노3517
배임증재
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a misunderstanding of facts or misapprehension of legal principles, the remittance of KRW 5 million to the Daegu Bank Account under the name of C(E) was intended to make contributions to the disabled organizations. The Defendant, as the president of Daegu O, intended to receive orders through due process and receive orders in case of cleaning and other services, and the Defendant did not make a solicitation to request the contract and deliver property if he received sanitary services in Daegu area from the E Federation, the head of the C Federation, as stated in the instant facts charged, to the E Federation, as the head of the C Federation’s business.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding of facts or by misunderstanding of legal principles, which affected the conclusion

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the Defendant’s assertion of misunderstanding of facts or misapprehension of the legal doctrine is sufficiently recognized, and thus, the Defendant’s allegation is without merit.

1) The Defendant also recognized the date and time indicated in the instant facts charged, the fact that the head of the C Federation’s business entity was sent KRW 5 million to the bank account in the name of C(E) on the same day upon the request of E.

The bank account is used by E for personal purposes.

2) On July 9, 2015, after seven months from the time when the Defendant remitted KRW 5 million to E, the Defendant sent a mail to E on July 9, 2015, which was seven months after the date of transfer. This means that “E is serving as the head of the headquarters of the Association, and the Defendant deposited KRW 5 million in the bank account in the name of E, while requesting the Defendant to deposit KRW 5 million, which is a part of the C Federation’s business, with the nationwide service right on sanitation (clean) among the projects of the C Federation, and deposit KRW 5 million in the bank account in the name of E.

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