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(영문) 전주지방법원 군산지원 2015.09.14 2015고단666
배임수재
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from June 14, 1994, worked as the president of the victim limited liability company D&C in the previous North Korea-Si, from around 14, 1994, had a duty to select a gas charging station under the most favorable conditions to the trade union in selecting a gas charging station exclusively used by taxi engineers belonging to the trade union.

Nevertheless, around May 201, the Defendant received illegal solicitation from G, an operator of the above charging station, to cause gas to be supplied at the above charging station, and received KRW 5 million in return for the illegal solicitation from G, an operator of the above charging station at the above charging station, and KRW 16 million in the above office from the first patrol officer on June 201, and KRW 1 million in the above office from the first patrol officer on October 201, respectively.

As a result, the defendant acquired a total of KRW 22 million on three occasions in receipt of an illegal solicitation in relation to his/her duties as a person who administers another's business.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including the part concerning the statement of H and G);

1. Each police statement of H and G;

1. Application of Acts and subordinate statutes to each investigation report (Investigation record 75,100 pages);

1. Article 357 (1) of the Criminal Act applicable to the crimes and Article 357 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into account that money acquired in return to a trade union is returned);

1. Article 357 (3) of the Criminal Act for collection of penalty surcharges;

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