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(영문) 부산지방법원 동부지원 2020.01.21 2019고합231
배임수재등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

121,00,000 won shall be additionally collected from the defendant.

As above, the defendant.

Reasons

Punishment of the crime

From March 2, 2016 to June 4, 2018, the Defendant has served as the principal of a school foundation CD High School in Busan Northern-gu.

Pursuant to Article 39 of the C Articles of Incorporation of a school juristic person, the head of the D High School shall request a school juristic person to appoint a teacher other than his school principal.

E is a person who has worked as a fixed-term teacher in charge of D High School education from March 1, 2016 to June 7, 2018, and wishes to be appointed as a fixed-term teacher in D High School.

A defendant is a person falling under "public official, etc." as provided in subparagraphs 2 (c) and 1 (d) of Article 2 of the Improper Solicitation and Graft Act, and a public official, etc. shall not receive money and valuables, etc. exceeding one million won at one time or three million won at one 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., and no person shall provide public official, etc. with money and valuables, etc. exceeding one million won at one time or three million won at one time, regardless of whether he/she is related to his/her duties and the name of donation, support, donation, etc.

1. Around September 2016, the Defendant received KRW 115 million in cash, stating that “Around September 2016, the Defendant may prepare for a full-time conversion, and the Busan regional market price is from KRW 300 million to KRW 500 million. In addition, in order to employ a full-time teacher, there is a need for a school juristic person to provide an accident personnel, and in addition, E accepted this and solicited the Defendant to employ him as a full-time teacher later.”

On November 16, 2016, the Defendant received cash of KRW 15 million from E in return for the recruitment of regular teachers in the vicinity of the D High School located in the Busan Northern District. On November 16, 2016, the Defendant received cash of KRW 50 million from E in the Defendant’s vehicle parked in the Busan Metropolitan G apartment parking lot in Busan Metropolitan Government around November 2016.

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