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(영문) 대구지방법원 2015.07.16 2015고정871
배임수재
Text

Defendant

The defendant A shall be punished by a fine of KRW 2 million and a fine of KRW 1 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

Q is a person who arranges the Self-Governing Council Chairperson from November 201 to November 2013, 201, and Defendant A is a person who operates a 'U cafeteria' as the Ethical Council Chairperson in 2013.

Defendant

Q, as the Self-Governing President of the Korea University Telecommunication Group in 2013, was in charge of the business of planning and producing the “V” book of the T life hall in 2013. As such, Q had a duty to process it fairly and protect the rights and interests of the dormitories in the T life hall.

1. Defendant Q Q

A. On December 14, 2012, at around 14:00, the Defendant received an illegal solicitation from A to the effect that, within the A’s vehicle parked in the D University dormitory parking lot located in W, the Defendant entered into an advertising contract so that the stores of members of D University Telecommunication Association members can be viewed as advertisements of “V” in 2013, and acquired it by receiving KRW 4 million in cash in the name of the case expenses.

B. On November 2013, at around 18:00, the Defendant received an illegal solicitation from A to the effect that, in the middle of 2013, the stores of members of the Edic Association would be available for the advertisement of ‘V' in 2014, the Defendant received KRW 3.5 million in cash on the pretext of a case-by-case, and acquired it.

2. Defendant A

A. The Defendant granted KRW 4 million in cash to Q in return for illegal solicitation as set forth in paragraph 1(a), at the same time, at the same place as paragraph 1(a), and as set forth in paragraph 1(a).

B. The Defendant granted KRW 3.5 million in cash to Q in return for illegal solicitation, such as paragraph 1-b, at the same time, at the same place as Paragraph 1-b, and at the same time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol on the suspect examination of Defendant Q to the prosecution (including the statement of Defendant A);

1. Recording notes;

1. Application of Acts and subordinate statutes of each V contract;

1. Article applicable to criminal facts;

A. Defendant Q: Article 357(1) of the Criminal Act

B. Defendant A: Article 357(2) of the Criminal Act

1. Punishment;

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