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(영문) 대구지방법원 경주지원 2016.06.23 2016고단334
배임수재
Text

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

63,448,340 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

From January 2010 to December 2013, the Defendant: (a) was a person who was represented by the village; and (b) E Co., Ltd. (hereinafter “E”) agreed to pay a total of KRW 120,000,000 as the village development fund every year by dividing the amount of KRW 15,000,000 by 15,00 per year, on the ground that the dust and noise occurred in the course of the development of stone in E and 11; and (c) there was a dispute, at the Defendant’s initiative, for the reason that the dust and noise occurred in the course of the development of stone in E and 11; and (d) the residents of the village conducted a demonstration on a daily basis from around 2010 to visiting the audience; and (d) around May 19, 2011, E paid KRW 120,000 by dividing the amount of KRW 15,00 per year into the village development fund.

In the process of negotiating disputes between E and D villages as above, the Defendant was issued KRW 63,448,340,00 in total 21 times from the date of receipt of an unjust solicitation to the effect that, on May 31, 201, E’s vice president of E’s suspension of demonstration and the filing of a civil petition on a face-to-face basis, the Defendant was provided with KRW 10,000,000 in response thereto, as shown in the list of crimes, to March 10, 2014.

Accordingly, the defendant acquired 63,448,340 won in return for an illegal solicitation in relation to his or her duties as a person who manages the affairs of the residents of the D community.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by each prosecution with respect to G and H;

1. Each police statement made to G, I, J, and K;

1. A written accusation, each investigation report (a written verdict of non-prosecution and written agreement attached to each written agreement, recording of a witness L phone, recording of a witness’s M phone, confirmation of road occupancy permission, E employment insurance details, recording of a witness N phone, copy of a protocol for suspect interrogation, etc.).

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