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(영문) 수원지방법원 2015.05.15 2015고합157
배임수재
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Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 7 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A, from December 1, 2011 to December 1, 201, has the authority to manage and supervise the branch of a Si/Gun under F-affiliated, and to appoint the branch of a sub-chapter with approval after recommending candidates for the branch of a sub-chapter E (hereinafter referred to as “F”).

Defendant

B is a person who, while serving as the head of the F Organization Bureau from December 1, 2011 to February 9, 2014, subsidized A and managed a branch of F-affiliated branch of F-affiliated branch, received a letter of support on the recommendation of the head of the branch and recommended among the applicants.

1. On November 3, 2013, Defendant A received an illegal solicitation from G to the effect that he/she wishes to appoint him/her as the head of a branch in the commercial apartment complex located in G from the 181-dong 181 Sung-dong, G, and received cash KRW 10 million. On November 8, 2013, Defendant A received cash KRW 5 million on two occasions at the I restaurant parking lot located in the Ma-si, G, G, and received KRW 15 million in total.

As a result, Defendant A acquired property in exchange for an illegal solicitation in relation to the appointment of the branch president.

2. On November 201, 2013, Defendant B received an illegal solicitation from Defendant B to recommend K as the president of the F Department of the F Department of the F Department of the branch of the branch of the branch of the branch of the branch of the branch of G, and accordingly recommended K as the president of the branch of G in Sungsung-si.

After that, around January 29, 2014, Defendant B received KRW 10 million from K’s mother L, a new bank account (M) in the name of Defendant B, from Defendant B.

As a result, Defendant B acquired property in exchange for an illegal solicitation in relation to the appointment of the branch president.

Summary of Evidence

As to the defendant A

1. Defendant A’s legal statement

1. Each police suspect interrogation protocol concerning G;

1. Each police statement made to N,O, or G;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Details of bankbooks;

1. An abstract of the resident registration of G, Gmeri (Songnam-si),

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