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(영문) 인천지방법원 2013.04.25 2012고합1421
배임수재
Text

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

30 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

From July 2010 to the present date, the Defendant, while working as a supervisor of the camping Department of the E University, has been comprehensively delegated by the president of the E University as well as duties such as the selection of participating players, players’ skills, life guidance, etc. in the event of competition.

At any place in spring in 2011, the Defendant received a request from G, a manager of the F High School, to “F high-tech player H, a graduate-gu player, to be selected as a student of the E University Sports Specialization.”

In addition, around January 2012, the Defendant received KRW 30 million in cash prepared by H, the father of H through the above G, at any coffee store located near the Seodaemun Fire Station located in Seodaemun-gu Seoul Western-dong.

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. Legal statement of witness G;

1. Each prosecutor's interrogation protocol concerning G and I;

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

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

1. Article 357(3) of the Criminal Code for Additional Collection (Article 357(3) of the Criminal Code (Article 57(3) of 50 million won was seized from the defendant, but there is insufficient proof of the identity of the seized articles and the property acquired as a result of the crime. Thus, the defendant's reason for sentencing does not confiscate it, and the defendant received large amount of money in return for an illegal solicitation in relation to the selection of a specific student, while selecting a sports speciality in the field of the university, which requires fair procedure as a supervisor of the camping-gu Department, while receiving a request for the selection of a specific student. In fact, the sports speciality was selected in accordance with the illegal solicitation.

As a result, the fairness of the selection of sports specialitys in the field of the university and the social trust in this regard has been significantly damaged.

Therefore, the defendant is subject to strict punishment.

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