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(영문) 수원지방법원 2018.08.10 2017고합315
배임수재등
Text

1. Defendant A’s judgment in the instant case No. 1-A through D as indicated in the instant case No. 2017 High 315 and 2018 High 401.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to one year and six months of imprisonment for fraud at the Suwon Friwon method on February 14, 2006, and the execution of the sentence was terminated on September 6, 2007. On September 20, 2012, Defendant A was sentenced to one year of imprisonment for fraud and two years of suspended execution, and the above judgment became final and conclusive on March 14, 2013. On February 16, 2016, Defendant A was sentenced to six months of imprisonment for fraud from the Suwon Friwon method to the execution of the sentence. The above judgment became final and conclusive on May 26, 2016.

[Criminal facts] 2017 Gohap 315

1. Defendant A et al. and Defendant A et al. in this subsection are limited to Defendant A et al.

In addition, the name of the defendant is "the defendant" in the main sentence after only the first time specified in the following subparagraphs.

On May 199, the Defendant established a school foundation H and actually participated in the process of selecting construction business operators, such as hiring teachers and employees of I schools under the H of the school foundation H, and conducting affairs related to the appointment of teachers and employees and the selection of construction business operators, and the Defendant had a duty to perform affairs fairly for school foundation H in performing such affairs.

However, in the course of handling the affairs related to the employment of school juristic persons H’s teachers and employees and the selection of construction business operators, the Defendant received illegal solicitation as seen in the following subparagraphs in relation to his duties and acquired total KRW 243,00,000 from F, etc.

A. On December 2010, the Defendant, who acquired money from public female J, wanting to be employed from the I school conference room located in K as an I school bus driver at the I school conference room located in Gyeongsung-si on December 2010, there is a lack of construction cost for school extension.

If you send money as above, it is suggested that "if you will be given a later opportunity, at the time of the later being given an opportunity," and "a request is made to employ a driver as a driver" from the J which accepted it, with an illegal solicitation, to the L Union MU account (N) account designated by the defendant on December 27, 2010, and with respect to the duties of the school juristic person H in the course of performing the duties of the recruitment of a driver.

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