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(영문) 대전지방법원 2014.02.17 2013고단4003

직권남용권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a public educational official, from September 1, 2009 to August 31, 2012, and served as C elementary school principal.

On February 20, 2009, C Elementary School was selected as an institution subject to the establishment of sports facilities for the sports promotion fund business of the Korea Sports Promotion Foundation, and received a subsidy of KRW 175 million from the Korea Sports Promotion Foundation on March 31, 2009, and KRW 175 million on May 25, 2009. On October 2009, Daejeon Metropolitan City received a subsidy of KRW 150 million from the Daejeon Metropolitan City, and promoted a project to create the sports facilities for the sports promotion of the total project cost of KRW 50 million. The Defendant, while working as the principal of the school as above, directed and supervised the overall affairs related to the above project, such as the selection of products and construction companies, supervision of construction, and repair of defects.

In exercising overall control over the above businesses, the defendant should not abuse his authority to allow school practitioners related to the above businesses to perform an act without any obligation or to interfere with the exercise of his rights.

Nevertheless, on January 13, 2010, the Defendant pressures its members to select friendly construction as the contractor at the above Da Elementary School principals office located in Seo-gu, Daejeon, Seo-gu, Daejeon, the Defendant: (a) as the chairperson; (b) as the vice principal of the above school; and (c) as the representative of the sports teachers F, in the Human Chyd and Matan Supplier’s Selection Committee, without any authority to attend the said Selection Committee; and (d) as the principal of the above Dok Construction, the Defendant attended the said Selection Committee without any authority to attend the said Committee; and (b) made the said Committee select Dok Construction as the contractor around February 2010; and (c) continuously interfere with or interfere with the exercise of rights in relation to the holding of the above E Selection Committee; and (d) on May 15:00, 201, the head of the G Administration office at the time of the completion inspection at the above school principal office and the head of the G Administration office at the time of completion inspection.