2020Gohap260 Violation of the Improper Solicitation and Graft Act and the Prohibition of Acceptance of Money and Valuables, False

Preparation of official documents, and uttering of false official documents

supervision, 82 years old, female, non-permanent,

Residential Ulsan

The Constitutional Court of 200Hun-Ga40, 200

Attorney Park Gyeong (Korean)

December 11, 2020

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. 26,250,547 won shall be collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal History Office

The Defendant is a public school staff member who has worked as a supervisor of the women's stable room from January 16, 2017 to March 23, 2020 at Ulsan-si, a public school in Ulsan-gu.

1. No public official, etc. who violates the Improper Solicitation and Graft Act shall receive, request, or promise any money and valuables, etc. exceeding one million won at one time or three million won per fiscal year from the same person, regardless of whether he/she is related to his/her duties, and the name of donation, support, donation, etc.;

Nevertheless, around April 2018, the Defendant received money and valuables in total amount of KRW 26,250,547 from the parents' association, etc. from the time when he received money and valuables from the head of Si/Gun/Gu parent association, etc. from the time when he received money and valuables from the head of Si/Gun/Gu to December 31, 2019, when he received money and valuables in total of KRW 26,50,547 from the head of Si/Gun/Gu parent association, etc., as shown in the attached crime list (Omission).

2. Preparation of false official documents;

On October 2019, the Defendant promoted N Elementary School Women's Festivals and practice competitions in Jinju-si, but the principal of S Elementary School, who is the approving authority, did not permit other City/Do Council Practice Games because he concerns the safety of students, and did not permit other City/Do Council Practice Games in Ulsan City, he prepared a false official document and obtained approval, and tried to proceed with the Jinju N Elementary School and Practice Games.

around 11:00 on October 18, 2019, the Defendant: (a) at the Ulsan-gu Ulsan Elementary School Educational Center in Ulsan-gu, Ulsan-gu; (b) on the same day, even if the Defendant was not scheduled to engage in a practice competition, the Defendant, using a computer located at that place, and (c) opened a 2019 Scho-gu Women's Epic Games under the title "2019 Scho-gu Women's Epic Games" as follows; (a) on the date and time: 16:0-18:30 on October 18, 2019; (b) drafted an official document with the content of "H elementary school, sports ground; (c) other school: He et al., school; and (d) applied for approval to the above school principal * the above school principal * the above school principal * the above school principal * the above school principal * the above school principal * the above school executive * in order.

Accordingly, for the purpose of uttering, the defendant prepared a false official document in the name of the head of the Ulsan S Elementary School, a public document.

3. Exercising official documents prepared in falsity;

The Defendant submitted a false official document to the employees of the above elementary school administrative office who knew of such false document at the date, time, place, and place stated in the above 2. Paragraph 2. and exercised it as if they were actually prepared.

Summary of Evidence

1. Defendant's legal statement;

1. (Omission of) Each police protocol of statement;

1. Written accusation and false preparation and public notice;

1. Investigation report (annual adjustment of rental expenses received from school-parents, and investigation report (annual adjustment of settlement details, such as the use of physical cards by parents' groups of senior criminal suspects, and prime expenses);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 22(1)1, 8(1)1, and 22(1) of the Improper Solicitation and Graft Act (hereafter referred to as “Improper Solicitation and Graft Act”) ; Article 227 of the Criminal Act; Article 227 of the Criminal Act; Articles 229 and 227 of the Criminal Act ; Articles 227 of the Criminal Act ; Articles 229 and 227 of the Act on the Prohibition of Acceptance of

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the gravity of concurrent crimes with punishment prescribed for the uttering of a contingent document with the largest punishment and nature of the crime)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Additional collection:

The proviso to Article 22 (4) and Article 22 (1) 1 of the Improper Solicitation and Graft Act

1. Order of provisional payment;

1. Scope of applicable sentences under the law: Imprisonment with prison labor from January to June 10.

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Preparation of false public documents);

[Determination of Punishment] The preparation and alteration of a false official document [Type 1] passive purpose (special person] mitigation element: In a case where profits gained by a crime or social and economic harm suffered by such profits are minor.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to eight months

(b) Second crime (exercise of falsified official document);

[Determination of Punishment] The preparation and alteration of a false official document [Type 1] passive purpose (special person] mitigation element: In a case where profits gained by a crime or social and economic harm suffered by such profits are minor.

[Recommendation and Scope of Recommendation] Reduction Area, Imprisonment from January to August. 3: Crime No. 3 (Unestablished Crime): there is no sentencing guidelines for a violation of the Improper Solicitation and Graft Act.

(d) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one month (a concurrent crime with an offense for which the sentencing criteria are not set);

(e) Scope of the recommended sentence that is modified by the applicable sentencing guidelines: One month to ten years and six months (in cases where the upper limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory applicable sentencing guidelines, it shall be in accordance with the statutory applicable sentencing guidelines);

3. According to the instant sentence, the Defendant received money and valuables from his parents, etc. while serving as the supervisor of the Women’s Festival of Public Elementary Schools, and falsely prepared and held official documents under the name of the principal. The Defendant, as a supervisor, received money and valuables from his parents under the name of the principal without being among the persons in a position to have considerable influence on the treatment of athletes, and used the scholarships paid to the players, and the details and amount of the commission of the crime, such as receiving money and valuables from his parents association, and given and received money and valuables from his parents association, is not easy to commit the crime. In addition, the preparation and event of false official documents, as such, are also detrimental to the fairness in the performance of duties of public officials and the trust of the people.

However, in light of the favorable circumstances, such as the fact that the defendant shows his mistake and reflects, the first offender, the fact that part of the received amount appears to have been used in the operation of the stable, such as vehicle sirens necessary for the operation of the stable, and the fact that the defendant was dismissed from the supervision of the stable room around March 2020 due to the instant case, the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment shall be determined as ordered by taking into account all the various sentencing conditions shown in the pleadings of the instant case, such as the circumstances after the crime.

Presiding Judge, Judge Park Jong-young

Judges Gindo-young

Judges' Binding