배임수재
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is that the Defendants acquired property in exchange for an illegal solicitation in relation to the duties of the award of the above public offering although they had occupational duties to select the prize through a fair examination with respect to the environmental photograph contest held by the E-Monitoring, and despite the sufficient evidence to support this, the lower court acquitted the Defendants on the ground that there is no proof of the facts charged in this case. The lower court erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is as follows: (a) Defendant A conspired with the President of the Ethical Group (hereinafter referred to as the “instant organization”); (b) Defendant B, the Secretary General of the Office of Education; and (c) Defendant B, while working as the Chairperson of the Environment Group; and (d) Defendant B, in collusion with the duty to select the award through a fair examination as to the 8th environmental photographbook under the supervision of the said Monitoring Group (hereinafter referred to as the “instant public invitation”); (c) on May 12, 2011, F acquired part of the total amount of KRW 10,00,000 from 0, G H restaurant located in Hasan-si and its office; and (d) Defendant B’s 9,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00.