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(영문) 울산지방법원 2014.11.07 2013노955
배임수재
Text

The judgment of the court below is reversed.

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

160 million won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. Although the Defendant received an illegal solicitation fromO from February 2010 to February 2013 and received a total of KRW 20 million on several occasions, etc. from the time of snow and drilling, the lower court acquitted the Defendant on the ground that it cannot be recognized that there was an implied illegal solicitation on this part of the facts charged. The lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

2. Determination

A. Judgment on the Prosecutor’s argument of mistake of facts 1) The Defendant: (a) received an unjust solicitation from P representative DirectorO to 20 million won on February 2010 to February 2013, 2013 to the effect that “The Defendant would talk well to the persons related to the vessel, so that he would have a company, other than foreign competitors, install a list of the company’s products; and (b) in the future, exclusively deliver a large quantity of sludge; and (c) received a delivery of KRW 20 million in total on several occasions at the time around snow and tin, etc.; (d) the lower court determined that the amount constituting the charges of this part was 20 million in total from 200,000 to 200,0000 won in advance of the P.O’s exclusive delivery of the P.O. volume and 300,000,000 won in advance of the P.O. volume and 300,000,000 won in advance of the P.

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