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(영문) 인천지방법원 2013.09.13 2013고정1877
배임증재
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In 2010, the Defendant was the father of Young-gu E who was enrolled in C High School to D University, and F was the supervisor of the camping district at D University at that time.

On February 2, 2009, the Defendant made a request to G, a field supervisor at C High School, to the effect that “Ato help children enter a university due to sports specialty students,” and the above G made an illegal solicitation to the effect that “E to enter a university as a special student of D University sports in a non-permanent place on February 2, 2009,” and “E to be admitted as a special student of D University sports.”

In addition, the Defendant, through the above G around February 2009, sent KRW 30 million to F in H hotel rooms located in the city of Gyeongnam Changwon-si.

As a result, the Defendant provided money and valuables in return for illegal solicitation in relation to the aforementioned FD University Sports Special Skills Selection Services.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol and statement by the prosecution against the accused;

1. Application of the Acts and subordinate statutes on the prosecutor's statement concerning G;

1. Article 357 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that, at the time, Eul, the defendant, had a sufficient ability to enter the camping division of the D University at the time, and was scarout to the G Department around February 2009, the defendant provided 30 million won through G with the auditor's personnel management for the field training expenses, etc., and that, in relation to admission, the defendant did not provide 30 million won to the supervisor of the G Department of the D University at the time.

2. The "illegal solicitation" in the crime of giving rise to breach of trust under Article 357 of the Criminal Code refers to the solicitation against social norms and the principle of good faith and good faith.

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