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(영문) 수원지방법원 2014.07.14 2014노1574
배임수재
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor, even if the defendant was found to have received property in exchange for an illegal solicitation from the E-Wo-gu supervisor in charge of G’s duties related to G’s department, the court below found the defendant not guilty on this part of the facts charged, on the ground that there is no proof of a crime. Thus, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. The summary of the facts charged in the instant case is that the Defendant, as a supervisor of H high schools located in Mapo-si in Mapo-si, is in charge of training of affiliated students, competitions, and entrance and exit, taking into account his players’ capabilities and qualities, was assigned to provide guidance for entrance and exit, and the Defendant received property in exchange for an unjust solicitation in relation to G’s duties related to G’s department at the time of receiving the request from F, a supervisor of the sports department of the E University, who was enrolled in the third grade of H high school at the time of receiving the request from F, and received property from F, on February 14, 2013, after receiving KRW 10 million from G, who was in charge of G’s duties related to G’s department.

3. The lower court found the Defendant not guilty of the facts charged of this case on the ground that it is difficult to recognize that the evidence submitted by the prosecutor alone that the Defendant’s request from F with respect to admission to G was “illegal solicitation” with the content of contrary to social rules or the good faith principle, and it is difficult to recognize that the Defendant had an intent to receive the said money.

4. According to the reasoning of the judgment of the court below, according to the records, the defendant paid the above money, and the defendant did not consume the above money until the board of directors of the parent association held the above money after receiving the money, and ② the defendant received the above money.

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