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(영문) 인천지방법원 2013.07.04 2012고합1423
배임수재
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

10 million won shall be additionally collected from the defendant.

Reasons

Criminal facts

From January 2007 to September 2010, the Defendant, while working as the supervisor of the Cample Department of the E University, was comprehensively delegated not only the duties such as the selection of players participating in the game, players’ skills and life guidance, but also the duties such as the selection of sports speciality students from the total head of the E University.

In 2009, the Defendant received a request from G, a manager of the Camp-gu F High School, to “H, a F high-speed player, is selected as a sports special trainee of the camping-gu of the E University.”

In addition, around August to September 2009, the Defendant, at the J hotel parking lot located in Gangnam-gu Seoul Metropolitan Government I, 30 million won prepared by K, the father of H through G, and 70 million won prepared by K through G at the same place as around October to December 2009 and received a total of 100 million won.

As a result, the Defendant received money and valuables in return for illegal solicitation related to the work of selecting H as the E-university sports speciality.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the suspect examination protocol of K and G by prosecutors;

1. Article 357 (1) of the Criminal Act by universal application of relevant provisions concerning the facts constituting an offense;

1. The Defendant, on the grounds of sentencing under Article 357(3) of the Criminal Act, received a large amount of money in return for an illegal solicitation related to the selection of a specific student, which requires a fair procedure, from a domestic university, as a domestic university’s camping department supervision. In fact, the Defendant, upon such solicitation, received a large amount of money, 100 million won in return for the selection of a specific student.

As a result, the defendant is not subject to strict punishment in that the fairness of the selection of sports speciality students in the open-gu college and the social trust therein have been significantly damaged.

However, the defendant is an initial offender with no record of criminal punishment, and it seems that he/she used considerable amount of 100 million won, which is given as a result of the crime of this case, in relation to the operation of the camping division, such as off-the-spot training

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