배임수재
The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C shall be punished by a fine of KRW 10,000,000.
Defendant .
1. Summary of grounds for appeal;
A. The punishment (one year of imprisonment, confiscation, and collection) set by the court below against Defendant A is too unreasonable.
B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles are aware of the fact that Defendant D and Q were to contribute KRW 400 million to M University as a school development fund, and did not know that the new construction of this case was given in return for receiving orders. Defendant D introduced Defendant D to Defendant C and Defendant D was accompanied in the process of delivering KRW 400 million to Defendant C. Thus, Defendant B cannot be deemed to have conspired to commit the crime of taking property in breach of trust by Defendant A and C.
(2) The sentence of imprisonment (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) determined by the court below on Defendant B is too unreasonable.
C. The punishment determined by the lower court against Defendant C (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.
Defendant
D. (1) misunderstanding of facts (A) Defendant D additionally received KRW 300 million, which Defendant D additionally received from Q, from Q, as the so-called “Liber” in return for the effort to induce Q to take the instant new construction work, and Q does not belong to Q that Defendant D additionally demanded KRW 300 million in return for the principle of construction completion.
(B) The Defendant D’s receipt of KRW 150 million from Defendant B and C is merely a service charge in relation to the purchase of the extension site of MUU, and it does not receive a return of the money paid in return for the new construction project of this case.
(2) The sentence imposed by the lower court on Defendant D (one year and six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.
E. A prosecutor (1) misunderstanding of facts and misunderstanding of legal principles can be recognized that Defendant D received KRW 400 million from Q in return for the principle of completion of the new construction work in this case, in collaboration with Defendant A, B, and C, the lower court.