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(영문) 부산지방법원 동부지원 2014.01.24 2013고합243
배임수재
Text

A defendant shall be punished by imprisonment for not more than ten 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

피고인은 학교법인 D에서 운영하는 E대학교의 부교수로서, 푸드스타일리스트 학과(2011년에 ‘바리스타&소믈리에과’로 명칭이 변경되었다)의 학과장으로 근무하면서 위 대학 교무처에 학과 교원 임용 건의, 지원자들에 대한 심사 등 위 학과의 교원 임용에 관한 업무를 담당하고 있었다.

On September 2010, the Defendant recommended the Defendant to the effect that “G, who was part-time lecturers of the above department, immediately changed the name of the department, will be recruited for 10,000 teaching staff without any other professor, and will be appointed as a professor on his own,” and that G would be able to be appointed as a professor on his own, while accepting it.

On October 11, 2010, the Defendant received money from G to Busan bank account in the name of the Defendant and acquired property in exchange for an illegal solicitation in relation to his/her duties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Each police statement of G and H;

1. A written statement prepared by the defendant;

1. Application of Acts and subordinate statutes to the head of a complaint, a copy of remittance receipt, a copy of the president of a general loan, a record of investigation report, a record of criminal investigation report (attached to data), a criminal investigation report (attached to a written agreement), a document of investigation (attached to a written agreement), a written agreement, a written agreement, a written withdrawal of a complaint, a criminal investigation report (attached to a transaction performance table), a transaction performance table, a criminal investigation report (Listening to a statement by the complainant), each investigation report, a criminal investigation report, and a criminal investigation report (attached to a written statement);

1. Article 357 (1) of the Criminal Act applicable to the crimes and Article 357 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The latter part of Article 357(3) of the Criminal Act; and

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