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(영문) 부산지방법원 2013.11.08 2013고합562

배임수재

Text

A defendant shall be punished by imprisonment for one year.

However, 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

0. The Defendant is a person who has a duty to perform duties fairly for a school juristic person Dental Institute in handling affairs related to the employment of teachers, such as recommendation of fixed-term teachers, regular teachers recruitment examination management, reporting to the board of directors and approval, etc., as he/she served as an administrative office from May 199 to February 2, 2012 at D Middle School located in Busan, Busan, and takes overall charge of the administrative affairs of school juristic persons Dental Institute such as recruitment of teachers and reporting to the Office of Education.

1. On February 2, 2008, the Defendant received money under the pretext of solicitation for employment of fixed-term teachers from the E-high school teachers, “G to employ as a fixed-term teacher at the D-middle school administration office” from the E-high school teachers, who had a usual relationship at the above D-middle school administration office, and in return, H, the father of G, as the father of G, transferred it to the Defendant in return for the employment of fixed-term teachers at G, and received five million won in cash.

Accordingly, the Defendant acquired KRW 5 million from H through F in exchange for illegal solicitation related to the employment of fixed-term teachers of D Middle Schools.

2. Around December 2008, the Defendant accepted the offer of “JJ” coffee shop located in Busan, the Busan, for the recruitment of regular teachers,” stating that “I will pay money in the form of the School Development Fund, instead of paying money.”

Then, on February 2009, the Defendant called “G is almost final and conclusive to be employed as a regular teacher,” and H from F to Busan Bank Account (Account Number K) in the name of the Defendant on the 23th day of the same month, in return for the employment of regular teachers.