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(영문) 부산지방법원 동부지원 2013.11.15 2013고합167
배임수재
Text

This case is inconsistent with jurisdiction.

Reasons

1. The summary of the facts charged was issued KRW 8 million in cash, along with an unlawful solicitation to the effect that, on November 16, 2009, the Defendant, who was employed as the vice president of the Construction Technology Team at the headquarters of Korea hydroelectric Energy Co., Ltd., Ltd., and was issued KRW 3 million in cash to the effect that, around November 16, 2009, the Defendant had the vice president H, a supply company of the FJ Nuclear Energy Co., Ltd., Ltd., in front of Gangnam-gu Seoul Gangnam-gu, deliver the valves leakage monitoring equipment at around November 16, 2009 so that he can supply the valves leakage monitoring equipment at another power plant in the future.

2. The defendant's defense counsel filed an application for lack of territorial jurisdiction with respect to this case before the statement of the case against the defendant was made by the court for lack of territorial jurisdiction.

3. According to Article 4 (1) of the Criminal Procedure Act, territorial jurisdiction is the place of crime, the address, residence or present location of the defendant.

However, the crime of this case as stated in the facts charged is Gangnam-gu Seoul J, and the defendant, from September 11, 2013, the indictment date of this case, the defendant stated in this court that the defendant's address, residence, and present location is Seoul Gangnam-gu J. In addition, there is no data to find where crime place, the defendant's address, residence, or present location is located within the jurisdiction of this court.

Thus, this case constitutes a case that does not fall under the jurisdiction of this court, and it is decided as per Disposition by applying Article 319 of the Criminal Procedure Act.

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