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(영문) 인천지방법원 2013.10.10 2012고합1435
배임수재
Text

Defendant

B A person shall be punished by imprisonment for six months.

Defendant

B 850,000 won shall be collected additionally.

Defendant

The instant case against B.

Reasons

Punishment of the crime

Defendant

B From December 1, 2008 to August 201, 201, from around December 1, 2008, as the officer in charge of the work of H (hereinafter “H”) in Yeonsu-gu Incheon Metropolitan City F (former Address G) and managed H’s affairs.

On August 1, 2009, with the implementation of the revenue-based bus joint management system of Incheon Metropolitan City around August 1, 2009, H enacted the "Regulations on the Employment, Treatment, and Conversion, etc. of Non-regular Workers" to ensure that non-regular workers shall be appointed as regular workers in the evaluation performance order from among the persons whose evaluation ratio is not less than 70% based on the degree of business cooperation among the number of commuting hours, the degree of accidents and civil petitions, and the number of years of service

Nevertheless, around May 2, 2011, Defendant B received an illegal solicitation from bus engineers I to a regular bus engineer on a preferential basis, regardless of the evaluation performance of whether to pay the money, and received 1.5 million won in cash from I on May 5, 2011, and received 8.55 million won in total from the bus engineers on six occasions from around September 8, 2009 of the annexed list of crimes in the annexed sheet of crime from around September 8, 2009 to the same date.

As above, Defendant B acquired property in exchange for an illegal solicitation with respect to the duties as the head of H’s work division.

Summary of Evidence

1. Defendant B’s partial statement

1. Each legal statement of a witness I, J and K;

1. Application of each statute on the statement by police to I, L, M, N, J, and K

1. Relevant Article 357 (1) of the Criminal Act concerning the facts constituting an offense and Article 357 (1) of the Election of Imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with the punishment specified in attached Table 7 No. 7 of the List of Crimes, which is the most severe offense)

1. The reasons for the sentencing of Article 357(3) of the Criminal Code are the money and valuables in return for the full-time conversion from the money and valuables provider in this case.

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