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(영문) 광주지방법원 순천지원 2016.06.08 2015고단926
배임수재
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, while serving as an associate professor in G University H University located in F, was delegated by the president of H University, and was in charge of the attendance and sexual evaluation of the students of H University.

On May 12, 2014, the Defendant received an unjust solicitation from the student J who attended the course of study the Defendant’s lecture at the I restaurant located in G, on May 12, 2014, to the effect that he/she would be treated as having attended even if he/she does not attend the course of study, and that he/she would give good sexual records to him/herself, and in other words, one million won in cash at the seat, and one million won in cash at the Defendant’s laboratory located in the above G University around June 30, 2014; to the same effect, one million won in the Defendant’s gift certificates E at the Defendant’s laboratory located in the above G University; and to the same purport, one million won in total was issued at the above I restaurant on October 23, 2014, and three million won in total.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

Summary of Evidence

1. Each legal statement of the witness J, K, L, M, N, andO;

1. Part of the defendant's legal statements;

1. Statement made by the police against J, L, or K;

1. Written statements of J, K, L and M;

1. Details of use of the national bank check, details of use of the national card, and written confirmation of use;

1. In the year of 2014, the time table for the defendant's lectures and the time table for the middle end examination;

1. The grade table and the second semester of students in the subjects in which the defendant takes charge of, and the statement of attendance at the military court in 2014;

1. Application of Acts and subordinate statutes concerning the school regulations, school regulations, and school regulations to the G University;

1. In a case where money and valuables have been provided over several occasions to a person who administers another person's business in connection with the pertinent Article of the Criminal Act and Article 357 (1) of the Criminal Act regarding criminal facts and the choice of punishment (including a single and continuous criminal act) and several times, if the money and valuables were provided over a certain period under the criminal intent of a single and continuous criminal act, they shall be deemed to be a single criminal act (see Supreme Court Decision 2008Do6987, Dec. 11, 2008, etc.).

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Confiscation.

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