Text
Defendants shall be punished by imprisonment for eight months.
However, as to the Defendants for two years from the date of the conclusion of this judgment, the above judgment is made against the Defendants.
Reasons
Punishment of the crime
1. From the beginning of November 2015 to December 6, 2016, in order to secure the victim C’s claim for construction cost related to the construction of the E- building in Ansan-gu, the Defendant received a lien from the injured party on the said E- building F and received the said request from B to transfer possession of the said F from the Seocho-gu, and received the said request from the Defendant’s Korean bank account on November 24, 2016 to KRW 30 million under the pretext of this apology, in addition, the Defendant received KRW 7 million in total from the Defendant’s bank account on December 8, 2016.
As a result, the defendant acquired property benefits in return for illegal solicitation on the duties of a person who administers another's business.
2. On November 2016, Defendant B: (a) entrusted the exercise of the right of retention on E Building F units of E building D located in Mapo-gu, Mapo-gu, Mapo-gu; and (b) entrusted the exercise of the right of retention from the victim, Defendant B wired the total amount of KRW 300,000,000 to the Korean bank account of A on November 24, 2016 and KRW 30,000,000,000 to the Korean bank account of A on December 27, 2016.
As a result, the defendant provided financial benefits while making an illegal solicitation about A's duties.
Summary of Evidence
1. The legal statement of the defendant A (as at the sixth public trial date);
1. The defendant B's partial statement
1. Partial statement of witness G;
1. The defendants' partial statements concerning the interrogation of suspect against the defendants in the prosecutor's office protocol
1. An order for payment (a copy), a protocol of execution of provisional disposition (a copy), a certificate of lien agreement (a copy), a certificate of confirmation (a copy), all the registered matters, notice of exercise of lien, notice of exercise of lien, litigation data and written decisions (a copy), text notes, recording records, each entry in the register of a corporation and the application of video-related Acts and subordinate statutes;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 357(1) of the Criminal Act (the occupation of taking property in breach of trust and the choice of imprisonment);
B. Defendant B: Article 357(2) and Article 357(1) of the Criminal Act (abstinence of breach of trust);