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(영문) 인천지방법원 2013.05.16 2013고합154
배임수재
Text

A defendant shall be punished by imprisonment for nine months.

30 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

From around 1984 to March 2009, the Defendant, while working as a supervisor and a manager of the camping division of the E University, was comprehensively delegated not only the duties such as the selection of players participating in games, players’ skills and life guidance, but also the duties such as the selection of sports speciality students from the total head of the E University.

In 2008, the Defendant received a request from G, a supervisor of F High School, to “H, a F high-speed player, to be selected as a sports special trainee of E University Camp-gu.”

In addition, in 2008, the Defendant received 30 million won in cash from J, the mother of H, at any coffee shop in Songpa-gu Seoul around 2008.

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. Application of the fourth protocol of examination of suspect to J to the prosecution;

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

1. The crime of this case on the ground of sentencing under Article 357(3) of the Criminal Act is that the Defendant, who is the general supervisor of the Young-gu Department of the University, received money in return for an illegal solicitation related to the selection of a specific student while selecting a specific student, and actually selected a specific student in accordance with such a solicitation, the Defendant may not be subject to strict punishment in that the fairness in the selection of a specific student of sports speciality in the Young-gu Department of the University and the social trust therein have been significantly undermined.

However, it seems that the defendant has contributed to the development of the camping field while working in the camping field for about 30 years. Accordingly, many employees of the camping field want to take the defendant's preference, and the defendant has no record of criminal punishment so far, considering the circumstances favorable to the defendant.

The age, character and conduct, family relationship, environment of the defendant, and others.

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