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(영문) 서울남부지방법원 2017.06.16 2017고합54
배임증재
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The content of the facts charged was appropriately revised.

[criminal records] On August 13, 2015, the Defendant was sentenced to a suspended sentence of three years of imprisonment with prison labor and six months for the crime of giving bribe at the Seoul High Court, and the above judgment became final and conclusive on November 17, 2015.

[Criminal facts] The Defendant is a person who runs a mutual construction business of E Co., Ltd.

On December 5, 2012, the representative meeting of occupants of the Nam-gu Incheon Nam-gu apartment complex selected a construction company that will perform the defect repair works on behalf of the construction company as the construction company was unable to perform the defect repair works properly, and the construction company should request the above company to pay the defect repair deposit to the housing guarantee company for the defect repair, and have the above company carry out the defect repair works as the defect repair deposit issued by the housing guarantee company, so at that time, the above apartment management office notification was made through the head of the apartment management office of the apartment and the construction company such as the defendant E participated in the bidding and the above apartment representative meeting was in progress of the construction company's selection of the defect repair company for several construction companies including the E.

After that, on December 20, 2012, the Defendant made an illegal solicitation to request the chairperson of the above apartment occupant representative conference to select E as a defective repair business entity at the mutual infinite coffee shop located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, and issued KRW 200 million.

Accordingly, the defendant made an illegal solicitation on the duties of the chairperson of the representative meeting of apartment occupants and offered property as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the G substitute part);

1. Copy of the protocol concerning the examination of suspect concerning G to the prosecution;

1. Each prosecutor's investigation report (including the details of the performance of the Incheon F apartment guarantee, attachment of the E details of settlement, and report on the results of warrant execution) and each of them.

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