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(영문) 부산지방법원 서부지원 2019.08.29 2019고정241

부정청탁및금품등수수의금지에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

5,900,000 won shall be additionally collected from the defendant.

In this case.

Reasons

Punishment of the crime

The Defendant is a private school faculty member of a private school who has been working as a nose for the inducement of B High School located in Busan from March 1, 2015 to December 31, 2017.

No public official, etc. shall receive, request or promise any money, goods, etc. exceeding three million won in each fiscal year, regardless of whether he/she is related to his/her duties, and of the pretext thereof, such as donation, support

On March 18, 2017, the Defendant received KRW 590,000,00 from the Defendant’s mother’s association, a general manager of the B High School’s parent group, for the purpose of preserving benefits, from the Defendant’s agricultural bank account under the name of the Defendant, at a non-permanent place, and received KRW 590,000 per month from December 18, 2017, as indicated in the column for the amount of conviction in the annexed list of crimes, and received KRW 5,90,000 per month from the Defendant’s mother association for the total fiscal year of 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or C;

1. Application of Acts and subordinate statutes to investigation reports (related to persons subject to the Act on the Prohibition of Integrity), employment contracts with a kcocoto (2015 to 2017), investigation reports (2017 to 2017) and investigation reports (200 to 2017);

1. Article 22 (1) 1 and Article 8 (1) of the Act on the Prohibition of Improper Solicitations and Acceptance of Money, Goods, etc. for Criminal Facts and Related Acts;

1. Penalty of KRW 2,00,000 to be suspended ( Taking into account the following circumstances leading the Defendant to commit the instant crime, the fact that the parents of students and students in the B High School and students wish to find the Defendant’s seat, and the fact that the Defendant is a primary offender, etc.);

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The portion not guilty under the proviso of Article 22 (4) of the Improper Solicitation and Graft Act;

1. The summary of the facts charged is a private school teacher and staff member working as the leader of the Bhigh school located in Busan Ho-gu from March 1, 2015 to February 1, 2018.

A public official, etc. shall be engaged in any duties, and on the pretext of donation, support, donation, etc.