배임수재
The defendant's appeal is dismissed.
1. The scope of a party member's trial (the conviction part) was found not guilty on the grounds of the judgment by the prosecutor, and thus, the part not guilty is also judged in the trial by the principle of no appeal. However, although the part not guilty is also judged in the trial by the principle of no appeal, that part is already deemed to go out of the object of the trial and defense between the parties (see, e.g., Supreme Court Decision 90Do2820, Mar. 12, 1991). This part is subject to the conclusion of the judgment of the court below, and it is not stated in the separate reasoning of the judgment.
2. Summary of grounds for appeal;
A. The lower court erred by misapprehending the legal doctrine or erroneous determination that found the Defendant guilty of this part of the facts charged even though it did not accept money or other valuables or entertainment in return for illegal solicitation as stated in the lower judgment, since it received money or other valuables or entertainment due to the pro-friendly relationship with E, M, etc., which is the operator of a distance education facility, or by misapprehending the legal doctrine.
B. The lower court’s imprisonment (eight months of imprisonment and two years of suspended execution) against the Defendant is too unreasonable.
3. Judgment on misconception of facts or misapprehension of legal principles
A. The lower court determined that the Defendant received money, valuables, etc. as stated in this part of the facts charged by comprehensively taking account of the following circumstances acknowledged by comprehensively taking account of the evidence adopted by the lower court. (A) At the time of the National Institute of Lifelong Education planned to reduce the number of students of lectures operated by distance education facilities. Since 2013, the National Institute of Lifelong Education changed the existing test method in which students could have seen online tests over two to three days and considered the same day.
B. E, etc. shall reduce the earnings of distance education facilities when the prescribed number of students is reduced and simultaneous examinations are conducted.