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(영문) 서울중앙지방법원 2013.07.26 2013고합532

배임수재

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant, from around 2005 to around 2005, was taking charge of D’s personal lessons, and E, as the Defendant’s middle and high school line, was in charge of the instruction and supervision of players and the selection of college sports-specific students from around 2001 to May 2006.

On May 5, 2005, the Defendant accepted the request to the effect that “H” hotel shop in Seongbuk-gu Seoul Metropolitan Government, and the mother of J, who was a first-year student in the department D of I High School, shall pay K 130 million won if he was allowed to enter F University.”

After that, the Defendant, together with E, at the above hotel's first floor coffee, 30 million won from K around May 31, 2005;

6.30 million won around 29.29

8. Around 31.31. A total of KRW 130 million, including KRW 30,000,000 and KRW 40,000,000,000 around November 16. In collusion with E in charge of the selection of new students by receiving the above solicitation, and acquired money and valuables in exchange for an illegal solicitation in connection with their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of interrogation of E and K by prosecutors;

1. A copy of a book stating the details of account transactions (EA Bank), and K’s checks, a copy of a receipt prepared A, and a copy of a passbook;

1. A copy of the judgment (E), or a summary order (K);

1. Application of Acts and subordinate statutes to each investigation report (the sequence 5, 6, 22 of the evidence list);

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Articles 357 (1) and 30 of the Criminal Act, comprehensively;

2. Suspension of execution: Article 62 (1) of the Criminal Act (The following extenuating circumstances shall be considered favorable to the reasons for sentencing);

3. Community service order: Article 62-2 of the Criminal Act;

4. Additional collection: In this case where the reasons for sentencing have not been set out in the latter part of Article 357(3) of the Criminal Act (the profits actually acquired by the defendant), the sentencing guidelines are not set. The defendant will not admit high school students into a prestigious book in any way.