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(영문) 대전지방법원 2013.12.06 2013고합92

배임증재

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant served as a fixed-term teacher in charge of chemistry from September 1, 2005 at D High Schools in Daejeon Tae-gu, Daejeon as a key teacher in charge of chemistry from September 1, 2005 and has renewed the fixed-term teacher contract every six months after the lapse of each six months.

On April 208, 2008, the president of the school juristic person E-school operating the above high school demanded the Defendant to change the amount of KRW 100 million by stating that “F would have to employ 100 million in cash as a regular teacher in charge of chemistry of the above school.”

On May 27, 2008, the Defendant found the apartment house residing in Daejeon Jung-gu G, Daejeon at the request of the above F, and found KRW 100 million in cash at that place.

As such, the Defendant issued money KRW 100 million to the above F along with the illegal solicitation that the Defendant would be employed as a regular teacher of the above D High School.

2. The summary of the defendant and his defense counsel's assertion that the defendant delivered cash of KRW 100 million to F at the time and place specified in the facts charged, but this is merely given as a security deposit for handling high-amount machinery and materials, and it is not given as a consideration for illegal solicitation requesting the employment as a regular teacher.

3. Determination

A. According to the record of recognition, the following facts can be acknowledged.

1) F is a school juristic person E-private teaching institute (hereinafter “E-private teaching institute”) around 1985.

(2) From September 1, 2005, the Defendant began to work as a fixed-term teacher in charge of chemistry at D High Schools established and operated by E Private Teaching Institutes, and has renewed the employment contract for fixed-term teacher entered into with E Private Teaching Institutes every year.

3) On May 27, 2008, the Defendant found the apartment house of F residing in Jung-gu Daejeon, Daejeon, and delivered F a cash of KRW 100 million to F. 4) The Defendant died on February 28, 2009, and H, who is F, was the president of the EM on May 22, 2009.

5 The Defendant found H around June 2009 and sought H on F around June 2008. < Amended by Presidential Decree No. 20578, Jun. 2008>