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(영문) 인천지방법원 2014.03.20 2013고합829
배임수재
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2006 to 2010, the Defendant, while working as a supervisor of the field department of G University, was comprehensively delegated not only the duties such as the selection of players participating in games, players’ skills, life guidance, etc., but also the duties such as the selection of sports speciality students from the total head of G University.

On February 2, 2009, the Defendant received a request from H High School Supervision I to “The third grade J of H High School's 3rd grade J of H High School's admission to a G University as an athletic specialist.”

On February 2, 2009, the Defendant received KRW 30 million from J’s father M, the father of J, through I, from L hotels located in Changwon-si, Changwon-si K.

As a result, the Defendant received money and valuables in return for the illegal solicitation related to the selection of sports speciality in G University.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on I and M of the prosecutor's statement by prosecution;

1. Article 357 (1) of the Criminal Act applicable to the crimes and Article 357 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 357(3) of the Criminal Act was that the Defendant 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 received a large amount of money, 30 million won, in response to such solicitation.

As a result, the instant crime was committed in that the fairness in the selection of sports speciality students in the camping-gu University and the social trust thereon have been significantly damaged.

However, most of the 30 million won that the Defendant accepted as the instant crime appears to have been used in relation to the operation of the camping department, the number of the Defendant voluntarily surrendered at the investigation stage, and his mistake is contrary to the fine prior to the instant crime.

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