In a case where Defendant A and B et al., the supervisor of the team team of the team team of the team team of the team team of the team team of the team team of the middle school, received money from the staff of the team team of the team team of the team team of the middle school, and Defendant C et al., the team leader of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the middle school of the company team of the company team of the company team of the company team of the company

In a case where Defendant A and B et al., the supervisor of the team team of the team team of the team team of the team team of the team team of the middle school, were indicted on charges of giving money in return for a request for a specific higher school to enter the team of the team of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the team team of the Plaintiff’s team of the team of the team team of the team of the Plaintiff’s team of the team of the team of the team of the Plaintiff’s team of the team of the team of the team of the first and middle school, and were charged with giving money in return for the above solicitation, the court held that the supervisor of the team of the team team of the school team of the Plaintiff was entrusted with all duties of the team of the team of the team, such as training of the team of the team of the team of the team of the team of the Plaintiff and the entrance of the school of the higher school, and that the team of the Plaintiff was given money periodically.

Article 357(1) and (2) of the Criminal Act

Defendant 1 and four others

Lee Dong-su et al.

Law Firm Phoe et al.

Defendant 1, Defendant 2, Defendant 3, and Defendant 4, respectively, shall be punished by imprisonment for one year, by imprisonment for eight months, by fine for 8,00,000 won, and by fine for 7,00,000,00 won.

When Defendant 3, 4, and 5 fail to pay the above fine, each of the above Defendants shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

However, with respect to defendants 1 and 2, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

82,560,00 won from Defendant 1, 47,000 won from Defendant 2, and 17,000,000 won from Defendant 3, and 23,175,000 won from Defendant 4 shall be collected respectively.

To Defendant 1 and 2, an amount equivalent to each of the above additional charges, an amount equivalent to each of the above fines and additional charges against Defendant 3 and 4, and an amount equivalent to each of the above fines and additional charges against Defendant 5 shall be ordered to make provisional payment, respectively.

1. Defendant 1

Since around 2005, the Defendant registered with the Korean Association of Korea (hereinafter “Korea Association of Korea”) as the supervisor of the Korea Association of ○○ Middle Schools (hereinafter “Korea Association of 2005”) and handled overall affairs concerning the instruction of its players, and there was a duty to guide players to enter a higher school in consideration of their wishes, qualities, possibility of development, and family conditions and to prepare a written consent.

Nevertheless, on August 1, 2009, the Defendant received the Defendant’s bank account (Account Number 1 omitted) and received KRW 60,000,000,00 from Defendant 1 to September 30, 201, to enter the △△△ high school with a axis for supporting Nonindicted 2 and 3 of the ○○ Middle School Epics from Defendant 5, the team leader of the operation team of the Samsungsung Electronic Epics, and subsequently, requested the Defendant to enter the △△△△ high school with a axis for supporting the Samsung Electronic Epis.” In return, the Defendant received an unlawful solicitation from Defendant 5,00,000 won, including KRW 5,00 on September 14, 2009 and KRW 10,000 on September 14, 2009, and received the Defendant’s total of KRW 60,000,000 from Defendant’s bank account (hereinafter “Ssung Electronic Epics account”) to KRW 1 through 585,0.

2. Defendant 2

From around 2005, the Defendant registered as the supervisor of the Ansan-gu Incheon District Association and handled overall affairs concerning the guidance of its players, and had duties to provide guidance to players who are eligible to enter higher schools, taking into account their wishes, qualities, possibility of development, and family conditions, and to prepare a written consent.

Nevertheless, on August 2008, the Defendant received an unlawful solicitation from Nonindicted 5, the head of the Asia-Pacific Sports Power Team, through Nonindicted 4 of the Asia-Pacific Sports Co., Ltd. (hereinafter referred to as “A-Pacific Sports”), who operates a professional axis of “A-Pacific” team, to enter the Busan Magu High School where there is a axis for supporting Nonindicted 6, and Nonindicted 7 of the E-Pacific Sports Team,” and as a result, received a transfer of KRW 12 million from the Defendant’s upper credit bank account (Account No. 2 omitted) on September 24, 2008 to May 14, 2010, the Defendant received a specific solicitation from 200,000 won from 70,000,000 won to 12 million won from the Defendant’s upper credit bank account (Account No. 2 omitted), such as [Attachment No. 6 and No. 7] list.

3. Defendant 3

From around 2006, the Defendant registered with the Korea Livestock Association as the supervisor of the axis-gu department of the Korea Livestock Association of 2006 and handled overall affairs concerning the guidance of the players belonging to the Association, and there was a duty to provide guidance to the players subject to higher school by entering the school in consideration of their wishes, qualities, possibility of development, and family conditions, etc. and to prepare a written consent.

Nevertheless, on May 209, the Defendant received an unlawful solicitation from Nonindicted 5, 2000 won from the head of the Busan Macck Sports Power Team, through Nonindicted 8’s supervision over the axis department of the Busan Mack Sports Team, which was supported by the Defendant, to enter Busan Mack Sports Center, where Nonindicted 9 and 10 of the players Nonindicted 9 and 10 of the Mackc Sports Team were supported by the Ackc Sports Team. In return, the Defendant received 6 million won from the Defendant’s national bank account (Account No. 3 omitted) on November 13, 2009, and received 6 million won from around that time to December 25, 2010, as indicated in the [Attachment Table No. 8-11] list of crimes in the annexed Table No. 8-11, and acquired 17 million won in total by requesting the players belonging to a higher school to enter the middle school, in return for an unlawful solicitation.

4. Defendant 4

피고인은 2007년경부터 대한축구협회에 경기 ▷▷중학교 축구부 감독으로 등록하고 소속 선수들의 지도에 관한 사무 전반을 처리하던 사람으로서, 상급학교 진학 대상인 선수들에 대해서는 선수 본인의 희망과 자질 및 발전가능성, 가정형편 등을 고려하여 진학지도를 하고 이적동의서를 작성해 주어야 할 임무가 있었다.

그럼에도 피고인은 2008. 8.경 아이파크스포츠의 스카우터 공소외 4를 통하여 아이파크스포츠 전력강화팀장 공소외 5로부터 “ ▷▷중학교 축구부 선수 공소외 11, 12를 아이파크스포츠가 지원하는 축구부가 있는 부산 □□고등학교로 진학시켜 달라.”는 부정한 청탁을 받고, 그 대가로 2008. 12. 17. 피고인의 부산은행 계좌( 계좌번호 4 생략)로 4백만 원을 송금받은 것을 비롯하여 그 무렵부터 2011. 9. 9 주1) . 까지 별지 범죄일람표 순번 12 내지 14 기재와 같이 총 3개 프로축구단 스카우트 담당자들로부터 소속 선수들을 특정 상급학교로 진학시켜 달라는 부정한 청탁을 받고, 그 대가로 합계 23,175,000원을 취득하였다.

5. Defendant 5

From 2004, the Defendant, while working as the team leader of the Samsung T&M team, took overall charge of the duties, such as the recruitment of the youth players and the payment of the scarT cost, in the elementary and secondary research institutes, supported by Samsung T&M team.

(a) Property in breach of trust against Defendant 1, who is in charge of supervision over the axis of Seoul ○○ Middle School;

1) In order to enter Nonindicted 2 and 3 of the ○○ Middle School in Suwon High School, which is supported by the △△△△ High School, the Defendant: (a) made an illegal solicitation to: (b) the Defendant, through Nonindicted 1, 2009, sent an honorarium to the supervisor of the ○○ Middle School, who was in charge of the management of the said players in the course of entering the school, including the preparation of a transfer agreement; (c) in August 2009, through Nonindicted 1, 2009, the Defendant provided KRW 60,000,000,000,000,000 won on September 11, 2009; and (d) provided Defendant 1 to the supervisor of the ○○ High School, who was in charge of the management of the said players, via Nonindicted 1, 2009.

2) The Defendant had the intent to enter Nonindicted 13 of the said ○○ middle school axis players into the said △△ High School by the foregoing method, and, around August 2010, through Nonindicted 14 of the Samsung Electronic Stackter Nonindicted 14, the Defendant made an illegal solicitation to the said Defendant 1 that “ Nonindicted 13 would pay a reward to Nonindicted 13 by entering the said △△ High School,” and, in return, remitted KRW 10 million on September 30, 2010 to Defendant 1’s account.

(b) Property in breach of trust against Defendant 2, who was in charge of the supervisor of the Ansan-gu Busan High School.

The Defendant made an illegal solicitation to the effect that, in the foregoing manner, the Defendant would enter Nonindicted Party 15 in Ansan-gu, △△ High School as the said △△ High School, and around March 2010, the Defendant made an illegal solicitation to the effect that, through Nonindicted Party 1, Ansan-gu, Samsung Electronic Stackter Nonindicted Party 1, Defendant 2, who was in charge of the Ansan-gu, Samsungsan-gu, Busan-gu, △△△△△△ High School, would pay Nonindicted Party 15 an honorarium for the State’s admission to △△△ High School, and, in return, remitted KRW 35 million on May 14, 2010 to Defendant 2’s Agricultural Account (Account Number 6 omitted).

1. Defendants’ respective legal statements

1. Each legal statement of the witness Nonindicted 14, 1, 16, 8, 17, 18, 4, 19, 20, 21, and 22

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor's interrogation protocol on Nonindicted 23, 5, 24, 25, and 18

1. Each prosecutor’s protocol on Nonindicted 26, 27, 28, 29, 30, 31, 1, 4, 16, 32, 8, 33, 34, 19, 20, and 35

1. Each investigation report (Evidence records 252, 388, 400, 595, 601, 689, 693, 732, 782, 810, 849, 919, 1079, 1472, 1649, 1826 pages);

1. Each copy of employment contract, employment contract, and employment rules;

1. Copies of each written agreement;

1. A copy of the detailed statement of savings deposit transactions and certificates of deposit transactions, detailed statement of self-relianced deposit transactions, detailed statement of transactions requested not to be requested, and detailed statement of transactions results;

1. A written reply of each fact-finding to the Samsung electronic axis, the APP sports, and the Posiethylus of this Court;

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

○ Defendant 1 and 2: Article 357(1) of each Criminal Act (Article 357(1) [Attachment Table 1 and 2] (Article 357(1) [Attachment Table 1] of the Criminal Act, collectively,

○ Defendant 3 and 4: Article 357(1) of each Criminal Act (Selection of Fine)

○ Defendant 5: Article 357(2) and (1) of each Criminal Code [Article 57(1) of each Criminal Code [Article 5-2(1) at the time of sale]

1. Aggravation for concurrent crimes;

○ Defendant 1: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment on the Crimes of Breach of Trust in the Name of Entering the Suwon High School of △△△△△△, which is the most serious offense)

○ Defendant 2: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment on the Punishment of Misappropriation in the Name of Non-Indicted 15’s Admission to △△ High School with a more serious criminal penalty)

○ Defendant 3: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (in the case of Non-Indicted 9 and 10, the most serious crime of crime of breach of trust in the name of entering Busan Middle School)

○ 피고인 4: 형법 제37조 전단, 제38조 제1항 제2호 , 제50조 (범정이 가장 중한 공소외 36의 ▣▣▣▣공업고등학교 진학 명목의 배임수재죄에 정한 형에 경합범가중)

○ Defendant 5: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment on the Punishment of Misappropriation in the Name of Non-Indicted 2 and 3’s △△ High School with the most serious offense)

1. Detention in a workhouse;

Defendant 3, 4, and 5: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant 1 and 2: Article 62(1) of each Criminal Act (Consideration favorable circumstances considered in front and rear)

1. Additional collection:

Defendant 1, 2, 3, and 4: The latter part of Article 357(3) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the defendants' and defense counsel's arguments

1. Summary of the assertion

A. Defendant 1, 2

The Defendants received money from the professional axis as stated in paragraphs 1 and 2 of the judgment. However, this is merely a support fund for fostering and fostering the players of the professional axis team from the staff in charge of the professional axis team to a certain level of higher school, and it does not receive money from the promotion team to a certain level of higher school, and it does not receive money from the Defendants.

B. Defendant 3, 4

As the Defendants decided in paragraphs 3 and 4, the fact that the Defendants received money from the staff in charge of the staff in the part of the professional axis and the part of the middle school axis upon the request of the staff in charge of the staff in a higher school to enter a specific higher school. However, this is merely the support fund paid for the selection and fostering of the players in the part of the sports axis belonging to the school, not the support fund paid for illegal solicitation.

C. Defendant 5

The fact that the defendant requested the middle school supervisor to enter the Suwon High School and paid the amount of money to the middle school supervisor by requesting the middle school supervisor to enter the Suwon High School. However, ① this is merely a support fund for fostering and fostering the players of the relevant school under the name of selecting and fostering the players of the relevant school, not a grant in return for illegal solicitation, and ② there was no intention to commit the crime of giving property in breach of trust.

2. Determination

In light of the following circumstances, the aforementioned evidence is comprehensively considered as follows: ① Defendant 1 and 2 acquired money from the staff in charge of the professional axis team to enter a specific higher school; ② was aware of its illegality; ② acquired money from the staff in charge of the professional axis and the staff in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the professional axis; ③ acquired money from the staff in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the professional axis and the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the school; ③ acquired money from the staff in charge of the personnel in charge of the personnel in charge of the personnel in a specific higher school; ③ acquired the personnel in charge of the personnel in charge of the personnel in charge

A. Whether an illegal solicitation was made

Comprehensively taking account of the following circumstances, it is reasonable to view that Defendant 1, 2, 3, and 4 received the money from the staff in charge of the professional axis or the Scafaf in the middle school's axis to receive the money from the staff in charge of the Scaf in the middle school's axis in return for an unlawful solicitation. It is also reasonable to view that Defendant 5 provided the money under the above name as above in return for an illegal solicitation.

1) Roles of school stable supervisor and course of study of players;

The supervisor of the sports team of a school is entrusted by the head of the relevant school with all of the affairs of the sports team, such as training of athletes, participation in the school, and entrance into the school. In particular, the principal or the head of the sports division, etc. are in charge of the selection of the desired school from the school to the final consent to enter the school from the school of higher grade. In the case of players' parents, most of them are determined to enter the school in accordance with the opinion of the supervisor of the sports team of the school to which they belong (Evidence record 540-543, 581-583, 662, 676, 74, 757-759, 98-92, 106, 116, 167, 167).

If the players of the Korean National Federation of Schools intend to enter a higher school of another City/Do, they will transfer to a school of the relevant higher school under the consent of the Korean National Association of higher schools (Evidence Records 542, 92, 1104), and Article 14(3) of the Regulations on the Registration of the Korean National Association of higher Schools (Evidence Records 285 pages) shall be attached to the dual consent of the head of the team (the head of the school, etc.) under his/her jurisdiction and the dual consent of the relevant City/Do Association, respectively. In the dual consent form (Evidence Records 290, 291 pages), the leaders, principals, the City/Do Association of higher schools are required to be transferred to a school of the relevant higher school under the consent of the Korean National Association of higher schools (Evidence Records 325), and the head of the school shall be approved formally (Evidence Records 325), and the head of the school shall be finally authorized (Evidence Records 636, 74166, 7467, 75466, 7547).7

In this case, Defendant 1 (Evidence Records 718, 722, 724, 729, 730, 1079, 1080, 1286), Defendant 2 (Evidence Records 547, 548, 557, 690, 1224), Defendant 3 (Evidence Records 693, 997, 1002, 105, 1006, 101, 1016), Defendant 4 (Evidence Records 596, 1084, 1177) was conducted with the affirmative consent of 1 to 406, 164, 1177) as stated in the judgment of the court below. The defendant 1 (Evidence Records 796, 1084, 1177) was conducted with such affirmative consent of 304,616-66, 1664, etc. (Evidence Evidence).

2) The duty of integrity and prohibition of profit-making activities

(A) a pledge of integrity, relevant provisions, etc.

In order to acquire the qualification of the leader of the Korean Eduna Association, a pledge of integrity shall be prepared with the content that no money, entertainment, etc. is provided or received in any case individually in the guidance of the players, and even when receiving the supplementary education for the leader every two to three years, a pledge of integrity shall be prepared (Evidence Records 1208, 1812), Defendant 1, 2, 3, 4, and 4, as a leader of the Korean Eduna Association.

Furthermore, Article 12 (d) (Evidence Record 44,52) of the employment contract for Defendant 1 of the Seoul ○○ Middle School provides that “where a person commits an act to take a private interest during the performance of his/her duties at school,” the grounds for termination of the contract for the employment of Defendant 2, Article 9 (1) (Ga) (No evidence No. 131, 565 pages), and Article 6 (1) (No evidence No. 175 pages) of the employment contract for Defendant 3 of the Ansan Middle School that is within the limit of Article 9 (1) (Ga) (No evidence No. 131, 565 pages), and Article 6 (1) (No evidence No. 175 pages) of the employment contract for Defendant 2.

(b)the statements of the Korean Epic Association and the officials concerned of the Office of Education;

Non-indicted 26, a staff member of the Busan Metropolitan City Epic Association, stated at the prosecutor's office that the above Educ Association is a student before the players are players, so it is necessary to give guidance to students and parents by respecting the intent of students and parents to the maximum extent possible in educational aspect, but there is a problem that the supervisor of the Educ City is going to transfer and take money from the school to a specific school (Evidence Record 326 pages).

The Busan Metropolitan Office of Education stated that lifelong education and Nonindicted 27 was stated by the Prosecutor’s Office for the same purpose (Evidence No. 446) and that according to the Regulations on the Operation Accounting of the Ministry of Education, Science and Technology in relation to the operation of the Ministry of Education, Science and Technology’s basic direction for school sports, in relation to the entrance of a specific school of the athletes of the sports team of the relevant school, a higher school or a professional group, etc. can only pay the school subsidy to the relevant school, and that it is prohibited to pay the so-called Scrate fee to the direct supervisor (Evidence No. 441).

3) Consideration relationship

Defendant 1 (Evidence No. 584 pages), Defendant 2 (Evidence No. 546 pages), Defendant 3 (Evidence No. 776 pages), and Defendant 4 (Evidence No. 1169, 1179, 1187 pages) recognized that a large amount of money was paid from KRW 5,000 to KRW 5,000,00,000 in consideration of having a certain degree of higher-level players from a public prosecutor to a certain level of higher-level school.

또한 피고인 5(증거기록 1390쪽)와 삼성전자축구단 스카우터 공소외 1(증거기록 963, 972, 975쪽) 주5) , 주6) 스카우터 공소외 4(증거기록 1047쪽) 주7) , ◎◎중학교 축구부 감독 공소외 8(증거기록 1209쪽), 포항스틸러스 선수지원팀장 공소외 24(증거기록 1609, 1611쪽), 스카우터 공소외 16(증거기록 1126쪽) 주8) , 공소외 32(증거기록 1135쪽), 주식회사 전남드래곤즈(이하 ‘전남드래곤즈’라고만 한다) 전 사무국장 공소외 35(증거기록 1366쪽), 전 유소년지원팀장 공소외 25(증거기록 1633, 1634쪽) 주9) , 전 ◈◈◈◈고등학교 감독 공소외 19(증거기록 1274쪽), 주식회사 울산현대중공업스포츠 스카우터 공소외 23(증거기록 1435쪽), 안산 ◑◑중학교 축구부 감독 공소외 18(증거기록 1799쪽)은 검찰에서, 울산 ⊙⊙중학교 축구부 감독 공소외 17(증인신문조서 2쪽)은 이 법정에서 위와 같은 진학의 대가로 거액의 금원을 지급하였음을 각 인정하였고, 삼성전자축구단에 대한 2012. 10. 18.자 사실조회회신서의 주10) 내용 도 같은 취지이다.

In addition, on August 31, 2009, Defendant 1 entered only the name of Nonindicted 2 and 3 (the written agreement on convenience, 964 pages) on the condition that △△ High School of △△△, 200,000 won (except for Nonindicted 2 and 3,000 won and taxes) should be paid in total from the Samsung electronic storage unit (Evidence Records 19,704, 964, 965 pages). Defendant 2 also entered the agreement on April 12, 2010 on the condition that △△ High School of △△△, 35,000 won (except for gold) should be paid from the Samsung electronic storage unit (Evidence Records 75,573 pages).

4) An agreement on admission to a school, payment of down payment, etc. to Nonindicted 2 (Defendant 1, 5)

On May 15, 2008, prior to receiving a proposal from Defendant 5 to enter △△ High School, Nonindicted 2, which was supervised by Defendant 1, who was in charge of the construction of a school affiliated with Nonindicted 2, was paid a down payment of KRW 23,40,00 (excluding the down payment) by Defendant 1, who received a down payment of KRW 30,000 (including the down payment) from Nonindicted 2, Defendant 5, and the down payment of KRW 3,000 (excluding the down payment) from Defendant 1 (a document attached to the summary of the oral proceedings as of January 15, 2013, which was submitted by the said counsel).

① However, the above agreement on May 15, 2008 is for the purpose of one-time benefit, i.e., entering △△ High School established by Nonindicted Party 2, and is merely a provisional agreement that can compensate and rescind the down payment (Article 3 of the above agreement). If Nonindicted Party 2 already established the above agreement and the down payment made by Nonindicted Party 2 at the second grade of a middle school, if the entrance into △△ High School was already established, the Samsung Electronic Festival was formulated by the first grade of the middle school and the second grade of the middle school, separately from Defendant 1 and Defendant 3 at the second grade of the middle school at the time of the decision to enter the higher school, and 20 million won (30 million won paid to Defendant 1 - part of the down payment returned by Nonindicted Party 2, 1392).

Therefore, the above facts alone, like the Defendants and the defense counsel’s assertion, were requested by Defendant 1 to maintain the existing contractual relationship with Nonindicted Party 2, and paid KRW 30 million under the name of the honorariums. It cannot be deemed that Defendant 1 was paid regardless of whether Defendant 2 was entering the Suwon High School of △△△△.

B. Whether illegality is recognized (Defendant 1, 2)

In the establishment of a crime, the perception of illegality is sufficient to recognize that the crime is against social justice and sound reasoning, and it is not necessary to recognize the relevant legal provision (see, e.g., Supreme Court Decision 86Do2673, Mar. 24, 1987). In full view of the following circumstances, even if the Defendants were to have been aware of illegality at the time of the instant crime, it is reasonable to deem that the Defendants were aware of illegality at the time of the instant crime.

1) As seen earlier, the Defendants: (a) each leader registered with the Korea-gu Association under the supervision of the Seoul ○○ Middle School and Ansan Middle School; and (b) regularly prepared a pledge of integrity in the course of performing duties delegated by the head of the school to the head of the school to which they belong; (c) unlike the contents of the pledge of integrity, the Defendants were sufficiently aware that they had a duty to report to the head of the school to which they belong, the head of the sports division, etc. when they receive money and valuables individually in relation to the duties of the relevant school premises; (d) however, the Defendants did not report each acquired money to the head of the school to which they belong, the head of the sports division, etc. (Evidence record 54, 7

2) On September 2009, in fact, Defendant 1 stated at the prosecution that “At the time of receiving KRW 60 million from the Samsung Telecommunication Organization, it was erroneous for him to believe that “at the time of receiving the 60,000,000 won, it was not a legally problematic issue” (which was 709 pages), and Nonindicted 1 also stated to the same effect in this court (which was 6,15 pages), Defendant 2 should not receive money under any pretext as a leader teaching students at the prosecution, and if he received money, he should receive money from the school development fund and execute it through a periodical accounting procedure (Evidence record 555 pages).

3) In addition, Samsung Electronic Festivals, Pothethyls, and Gamc Sports did not receive legal advice as to the legality at the time of paying the amount as stated in Articles 1 and 2 as indicated in the Defendants’ holding (each fact-finding inquiry letter on Masung Emphthic and Gamc Sports), and in the case of Amphck sport, it was intended to make an abnormal accounting method (Evidence Record 1408 pages) of paying the amount to Defendant 2 via a borrowed account in the name of an individual, other than a corporate account.

C. Whether the person has committed a crime of giving property in breach of trust (Defendant 5)

As seen earlier, if the Defendant made an illegal solicitation to request Defendant 1 and 2 to enter a certain school of higher grade by having them enter a school of higher grade, and given a large amount of money, it is reasonable to view that the Defendant had the criminal intent to commit the crime of giving property in breach of trust at the time of committing the instant crime, even though normal tax return and accounting was made in granting the above money as seen earlier.

1) The Defendant stated, at the prosecution, that there is no problem at issue when the price for entering the school is paid to the relevant school as the school development fund, etc. However, most of the fact that the Defendant is paid to the supervisor at the request of the supervisor of the affiliated school (Evidence No. 1387-1389). This should be improved as an erroneous practice (Evidence No. 1394 of the Evidence No. 1394).

2) At the prosecution, Nonindicted 1 and Nonindicted 1, the Defendant, at the time of Samsung Epic Group, made a statement that he had a wrong part in the educational aspect of green players (Evidence Record 947 pages).

3) In this court, Nonindicted 14, as a scarb in this court, made a statement that it was only a normal performance of duties and that it was an illegal solicitation to request the head of the Suwon High School to enter a middle school, which is supported by the head of the △△△ High School under the supervision of the head of the scarb, etc. of the scarb in the middle school (see, e.g., protocol 3 and 4 of the examination of witness). However, it did not mean that it would be used for personal purposes at the time of paying the money to Defendant 1, as stated in paragraph 5-A of the decision, and it was indirectly found that there was a problem that Nonindicted 14, as a scarb in this court, gave money to the supervisor in return for the above request (five pages of the examination of witness).

○ Reasons for common sentencing

The crime of this case is committed by the supervisors of various levels of schools in return for entering a specific higher school with the professional axis or personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the personnel in charge of the school.

However, there were no cases explicitly contrary to the intention of the relevant players and parents in the course of entering the school of this case, and it is evaluated that the schools of higher level actually entering the school provides a very good environment for the activities of the relevant players as well as the high school of higher level. In addition, as long as the high school (one year and four high schools) with the highest competition for attracting outstanding players of the professional axis group has been overheated, it seems to be more serious, it will be more serious. The evidence records are 620 pages), even if there are circumstances to consider the motive or participation of the crime as a crime due to the structural problems in the course of spreading competition for attracting open competition to middle schools and elementary schools, and there are some circumstances to consider the motive or participation of the crime as a crime in the course of spreading the competition for invitation to middle schools and elementary schools, the fact that the defendants are recognized in itself, the fact that the defendants faithfully serving for a long period of time has contributed significantly to the development of the small school of higher age while faithfully working, the following circumstances are considered as follows, and the sentencing conditions of this case are determined in consideration.

○ Reasons for individual sentencing

1. Defendant 1

[Scope of Punishment] Imprisonment with prison labor for not more than seven years and six months;

[Determination of Sentence] One year of imprisonment and two years of suspended execution

- Unfavorable circumstances: A large amount of money as a total of 8,200 won and repeats the same criminal conduct over four times.

- A favorable normal: A person who has been sentenced one time to a fine, but has no record of criminal punishment for the same criminal conduct; a part of the amount of the material appears to have been used in the operation, etc. of the axis of the school to which he/she belongs (Evidence Records 714, 715 pages); the defendant's health status is not good due to depression (Evidence Records 1646 pages); etc.

2. Defendant 2

[Scope of Punishment] Imprisonment with prison labor for not more than seven years and six months;

[Determination of Sentence] 8 months of imprisonment and 2 years of suspended execution

- Unfavorable circumstances: Total amount of 47 million won, which is a large amount of money, and repeats the same criminal conduct twice.

- A favorable normal: A fine has been sentenced twice to criminal punishment; however, there is no history of criminal punishment for the same kind of crime; part of the amount of the amount of the flood appears to have been used in the operation, etc. of the competent school axis (Evidence Records 71-74, 551, 568-571, 1686-1708 pages).

3. Defendant 3

[Scope of Punishment] Fine of 15 million won or less

[Determination of Sentence] Fines 8 million won

- Unfavorable circumstances: A total of 17 million won which is a reasonable amount, and repeats the same criminal conduct over four times.

- A favorable normal: The fact that a fine has been sentenced twice to criminal punishment, but has no record of criminal punishment due to the same criminal conduct, and that part of the amount of the flood can be used in the operation, etc. of the competent school axis (Evidence Records 1013 pages).

4. Defendant 4

[Scope of Punishment] Fine of 15 million won or less

[Determination of Sentence] Fines 8 million won

- Unfavorable circumstances: A total sum of 2,300 won and a considerable amount of money; repeated actions for the same kind of crime over three times;

- A favorable normal: The fact that a fine has been sentenced twice to criminal punishment, but has no record of criminal punishment for the same criminal conduct, and that part of the amount of the flood can be used in the operation, etc. of the competent school axis (Evidence Records 1191 pages)

5. Defendant 5

[Scope of Penalty] Fines of 7.5 million won or less

[Determination of Sentence] Fines 7 million won

- Unfavorable circumstances: Total amount of 100 million won, which is a large amount of money, and repeats the same criminal conduct over three times.

- a favorable normal situation: The fact that a fine has been sentenced once to a fine, but there is no record of criminal punishment for the same kind of crime; that it has caused the crime in the course of performing his/her duties; that there are circumstances to be considered in the course of the crime; that if a person is sentenced to imprisonment without prison labor or a heavier punishment, he/she is subject to a disposition of ex officio dismissal from his/her office

[Attachment] Crime List: Omitted

Judges Park Jong-sung (Presiding Judge)

(1) The indictment is written as “ September 29, 2010” (attached Form No. 13 acquisition date), but it is apparent that it is a clerical error (the date of acquisition of the attached Table No. 14) in “ September 9, 201” (attached Form No. 14).

2) The head of the Seoul ○○ Middle School and Nonindicted 29 stated that, upon receiving a request from the prosecutor's office to send an outstanding player from the ○○ High School that belongs to the same foundation before he/she was appointed as the principal, Nonindicted 29 did not return the transfer agreement for entering another school, but did not return the transfer agreement because the applicant entered the office of education and filed a civil petition with the office of education (Evidence record 679 pages).

주3) 피고인 2는 소속 학교 축구부 선수 공소외 6의 부친에게 부산 □□고등학교 진학을 권유하였으나 가까운 데 있는 다른 구단으로의 진학을 바란다는 취지의 답변을 들었고(증거기록 547쪽), 피고인 4도 소속 학교 축구부 선수 공소외 36, 공소외 11, 공소외 37, 공소외 37에 대하여 여러 상급학교에서 스카우트 제의가 있었음에도 공소외 36의 부친에게는 ▣▣▣▣공업고등학교만을, 공소외 11의 부친에게는 부산 □□고등학교만을, 공소외 37, 공소외 38의 학부모에게는 ◈◈◈◈고등학교만을, 즉 사례금을 지급받은 해당 상급학교만을 각 추천하였다(증거기록 596, 1084, 1169, 1178, 1183, 1188, 1189쪽).

4) As for the guidance for entrance to a school, as in other fields of the operation of the sports department, the head of the school or the teacher of the sports division exercises the right to exercise the right to exercise the right to exercise the right to exercise the right of supervision, and parents are dependent on the supervisor for the admission to a school of the player, and in the professional group, I would like to give money in consideration of the status and authority of the supervisor (Evidence Record 585, 586 pages).

Note 5) It added that the supervisor paid money to a supervisor who is not a school due to the fact that the supervisor has a prior right in relation to admission to a school (Evidence Record 970 pages).

Note 6) In this Court, the fostering support fund is paid to the supervisor for the recruitment of outstanding players. This fact recognized that the entry of outstanding players should be conducted, which is a case of admission to a certain higher level of higher school (in 14 pages of the examination record of witness).

Note 7) The phrase “I think I think I think I think I would like to go to the case cost when I enter the army where I would like to go to the army where I would know I would like to go to the army where I would like to go to the army.” (Evidence No. 1051).

Note 8) “In order for a player to be a school sponsored by the low-income group, the consent of his parents should be obtained, and the principal’s transfer consent should be obtained. If the supervisor of the stable team enters the Maritime Organization, he sent the part to the high school supported by the old team and sent it to the high school to which he supports the excellent player, and added it to “The consideration given to him at the 1129th page of the evidence record.”

Note 9) The demand of the supervisor who exercises de facto strong authority in relation to the guidance for entering a racing was added to “I, even though he was aware that there was an error in the real circumstances in which he could not secure an outstanding player, I paid Scarart honorarium to the supervisor.” (Evidence No. 1637 pages).

10) In the inquiry (paragraph 5) about the reasons why the recipient of the subsidy for fostering players was changed from the school or parents to the supervision of the stable team from the school or parents, Nonindicted 1, who had been active from 2007 to 2008, provided that he would have paid the subsidy for fostering players to the supervisor of the stable team from 2009, and that the other teams would have been paid the subsidy to the supervisor on the ground that, in practice, other teams would have been in the absence of the outstanding athletes if the subsidy for fostering was not paid to the supervisor of the stable team from the middle school.”

Note 11) The Supreme Court precedents cited by Defendant 5’s defense counsel (Supreme Court Decision 85Do465 delivered on October 22, 1985) concluded a waste collection contract with a garbage disposal company for the purpose of continuous payment for one year, but concluded a waste collection contract with another company which proposed a lower collection fee, and terminated the contract in an unlawful way prior to the conclusion of the contract. Accordingly, it acquired money upon request by the representative director of the existing garbage disposal company to maintain the existing contractual relationship from the representative director of the existing garbage disposal company. The issue of this case differs from this case.