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(영문) 의정부지방법원 고양지원 2015.10.02 2015고단1928
배임수재
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a cleaning vehicle as a street cleaners of the Dwork in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu and collects household garbage.

On January 201 to January 201, 201, the Defendant received additional KRW 100,000 won and KRW 100,000 per month in response to a request for the collection of daily waste discharged from “G Sabyna” operated by “Gabyna,” which was operated by “F,” to “Gabyna,” and “B,” which was discharged from “B,” to “B, not a standard plastic garbage bag, and in response to a request for collection.

Accordingly, the defendant, who is in charge of collecting household garbage, acquired approximately KRW 4.2 million in total in return for illegal solicitation in violation of his duty.

2. Defendant B is a person who operates “G Coina” as stated in paragraph (1).

From January 201 to January 2014, the Defendant made an illegal solicitation to request a Party A, who performs the duty of collecting household wastes from the foregoing Glass, to put them in a general plastic bag that is not a standard plastic garbage bag, and offered approximately KRW 4,200,000 in total by providing additional KRW 10,000 per month and KRW 10,000 in the name section.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning H;

1. Application of the list of street cleanerss of Dwork, annual salary system employment contracts, and statutes governing the selling price of garbage bags;

1. Defendant A: Article 357(1) of the Criminal Act: Article 357(2) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendant A: Article 357 (3) of the Criminal Act;

1. Defendants of the provisional payment order: A comprehensive consideration of the confession of the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the period of the instant crime, the size of the amount of profit, motive and circumstance of the crime, the contents of the crime, the age, character and conduct, environment, occupation and income, and all other conditions of sentencing was determined as ordered.

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