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(영문) 수원지방법원 성남지원 2018.04.18 2017고정278
배임수재
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant conspired with the husband E, the chief executive officer of D High School, and had taken place from February 10, 2009 to his own residence from around the 12th day of the same month, and had the F to be employed as an employee of the above school administration office in response to an illegal solicitation requesting the employment as an employee of the above school administration office.

On February 2, 2009, the defendant and her husband E refused to pay the amount of money in the name of employment that the F would be regularly employed as an employee of the administrative office and provided after regular employment as an employee of the D High School.

Since April 3009, the defendant and her husband E requested F to provide employment fees under the name of lending money by telephone over several times from April 2009, and received a remittance of KRW 10 million from the above F to the account in the name of the defendant around April 30, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, F and G;

1. A copy of a receipt, details of H account transactions, and investigation report (a copy of a passbook attached thereto);

1. The defendant and his defense counsel asserted that there was no prior collusion with husband E even though they had been deposited in the account under the name of the defendant, even though they had been deposited in the account under the name of the defendant.

On the other hand, in relation to co-offenders who jointly process two or more crimes, the conspiracy does not require any legal penalty, but is only a combination of the intent of two or more persons to jointly process and realize the crime. Although there is no process of the whole conspiracy, if the combination of the will is made in order or impliedly, the conspiracy relationship is established.

In addition, strict proof is required to recognize such a conspiracy, but if the defendant denies the conspiracy, which is a subjective element of the crime, it is based on the method of proving indirect or circumstantial facts that are relevant to the nature of the things.

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