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(영문) 수원지방법원 안양지원 2014.03.06 2013고정1236
배임수재
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as a supervisor of the axis of the D High School in Mapo-si, is in charge of overall affairs such as training of students under his/her jurisdiction, participation in games, and entrance into a school. Thus, the Defendant has a duty to provide guidance for entrance into a school, taking into account his

Nevertheless, the Defendant received KRW 10 million from F to E University upon receiving a request from F to send G, who was enrolled in the third year of D High School at the time of D High School, in March 2012, when the Defendant had performed the large-scale sports in the Hanwon Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stakak Stakak Stakak Stakak Stakak Stakakak Stakakak Stak, who was enrolled in the third year of D High School at the time, around February 14, 2013.

2. Determination

A. The Defendant, upon receiving the F’s request to send G from the investigation stage to the E University, received KRW 10 million from the E University to the Defendant’s account after entering the G University. However, in light of the actual history of G, the Defendant asserted that the payment of KRW 10 million from the E University was an appropriate entry into a school and was not illegal solicitation, and that the said money was not received as a consideration for the solicitation to receive the plans to use the said money for the axis of H High School.

B. According to the following: (a) the Defendant and the witness F’s partial statement, and the account transaction details (in case of 222 pages), the following can be acknowledged: (b) the F’s request was made to the effect that G would be sent to the E University by complying with G’s competition in 2011 and around 2012; and (c) the F would have paid KRW 10 million to the Defendant’s account on November 14, 2012, while the Defendant’s request was made to the effect that G would be sent to the E University.

C. Furthermore, as to whether the Defendant received “illegal solicitation” from F, the crime of taking property in breach of trust and taking property in breach of trust was committed.

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