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(영문) 서울중앙지방법원 2012.10.29 2011고합1649
배임수재
Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A was the 11st president of the F Federation located in Seocho-gu Seoul Metropolitan Government (hereinafter “Federation”) and was released as a candidate for the election of the head of the 12th National Federation that took place around December 21, 2010.

Defendant

A, as the head of the 11th alliance, has been engaged in the affairs that should exercise the right to vote for the election of the new president of the federation on behalf of the federation, while supervising the affairs of the federation.

Defendant

A, as a result of the first vote at the election of the head of the 12th federation, conducted at the office of the 11:00 on December 21, 2010, at the 12th federation, the second vote was made to B, and B, which was held by the Defendant A, was elected as the 12th president of the federation in the second election of the president of the federation, where B, and G, who was held in the second election of the president of the 12th federation, had obtained the 5th votes, and who had obtained the 5th votes, had no majority of the votes, had supported B as a standing adviser of the federation in the 2nd election of the president of the federation.

After that, at around 16:40 on the same day, Defendant A received from B an envelope with cash of KRW 10 million under the pretext of a honorarium for this case from B in the office of the president of the Federation.

As a result, Defendant A acquired KRW 10 million from B upon receiving illegal solicitation from B to support himself in the 12th election of the president of the Federation in the course of managing the affairs of the Federation.

B. Defendant B was a candidate for the election of the head of the 12th federation held at the office of the federation around December 21, 2010.

Defendant

B At the 11:00 on December 21, 2010, at the 12th election of the president of the 12th federation, Defendant B obtained five votes from the 5th election of the president of the 12th federation, and at the 5th election of the president of the 12th federation, G 5 votes from the 5st election and the 2st election votes from the 2nd election to the 2nd election without a majority of votes.

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