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(영문) 대구지방법원 2017.05.11 2017고단1094
배임수재
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who has served as a dietitian at C High School from October 1, 2005 to March 31, 2016.

C High schools operated school meal services by entrusting them to an external meal service company, so the nutrition private person of the above school established a plan to select the entrusted meal service company on January or February each year, and participated in the selection of the entrusted meal service company by participating in the field evaluation jointly with the school operation committee members. Even after the selection of the meal service company, the entrusted meal service company did not conduct a sanitary and safety inspection of the entrusted meal service company with the school operation committee and supervised and managed the entrusted meal service company.

In addition, the defendant received and managed the annual meal service plan of the entrusted meal service company in ordinary times, and conducted the management supervision of the entrusted meal service company by checking the implementation status, such as whether the entrusted meal service company complies with the rate of food ingredients contracted by the entrusted meal service company, and inspecting and inspecting the meal service daily

Therefore, the defendant was in the position of a person who conducts affairs with a duty to establish and apply fair standards in the selection and management of entrusted meal service companies and thoroughly manage them.

2. Criminal facts have been committed by the Defendant while performing the duties of management of the entrusted meal service company during the instant instant meal service time, and without thoroughly supervising the inspection and management of the relevant entrusted meal service company, and at the request of a meal service company to set conditions favorable to the selection of the relevant entrusted meal service company, the Defendant was willing to receive money and valuables in the name of the night service allowance from the meal service company and to acquire financial benefits.

On April 12, 2012, the Defendant did not thoroughly check hygiene and safety and examine the cost of materials in providing meals to the entrusted meal service companies by the E representativeF selected as the entrusted meal service companies of the above school and the G of the same regular business entity.

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