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(영문) 부산지방법원 2015.10.16 2015고합40
배임수재
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The facts charged in this case

A. Defendant A is an operator of the J University Hospital funeral hall located in Seo-gu, Busan.

The Defendant, who is a recipient of the group fireworks, agreed with C to arrange the contract with the bereaved family members in exchange for the payment of the price to the bereaved family members of K, L, M, N,O, D, E, and the above funeral hall. On the other hand, the Defendant requested the bereaved family members who entered into the above funeral hall to the effect that “it is well aware of the so-called so-called "..... our request to leave the contract brokerage to us,” and the ordinary bereaved family members want to live in the funeral procedure and hold a prompt funeral, using the fact that it is difficult for the bereaved family members to refuse the request of the funeral hall, intended to receive the price from the above B, etc. after obtaining delegation of the authority to arrange the contract from the bereaved family members and arranging the contract with the above B, etc.

On July 2010, the Defendant received an illegal solicitation from the above J University Hospital Funeral Service Office as seen above, from the above J University Hospital’s funeral hall office, on the part of the Defendant: (a) received the authority to arrange contracts with the above J University Hospital; and (b) received KRW 3,500,000 from the above B as a consideration for the contract; and (c) received KRW 352,240,000 from the above 9 in total from the above 166 times in consideration of the above illegal solicitation, as described in the list of crimes (1) in the same manner, from the above 9 persons, etc., as shown in the list of crimes (1).

Accordingly, the defendant acquired property in return for illegal solicitation in relation to his duties while handling another's affairs.

B. On July 10, 2010, Defendant B issued KRW 3,500,00 to the said A in the funeral hall of the said J University Hospital on the pretext of an illegal solicitation under paragraph (1) and for the same reasons, and granted the said A KRW 3,50,000 from that time.

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