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(영문) 서울중앙지방법원 2013.10.08 2013고정4194
배임수재
Text

Defendant

A shall be punished by a fine of KRW 700,000, and by a fine of KRW 1,000,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A, who was the president of C University in 2010, had occupational duties to protect the rights and interests of students of C University while holding events, such as spring festivals on behalf of C University students.

The Defendant, in relation to the event of C University “D” that took place from May 17, 2010 to May 19, 2010, received unlawful solicitation from F of the directors of E Co., Ltd. established for the purpose of the event agency business, etc. to “E select the E as an event agency, and would give 10% of the face value as an event agency,” selected E as an event agency. On September 2010, the Defendant received KRW 6 million from F in cash from Busan-si G around September 2010.

As a result, the defendant received 6 million won in return for an illegal solicitation in relation to his duties.

2. Defendant B, who was the president of the H University in 2010, had occupational duties to protect the rights and interests of the students of H University in selecting an event agency while holding the event, such as a bridge, on behalf of the students of H University.

With respect to the event of H University “E” (hereinafter “E”) that took place from September 29, 2010 to October 1, 2010, the Defendant: (a) received an unjust solicitation from F to the effect that “E is selected as an agent for the event of H University E; and (b) returned 10% of the cost of the event to the end; (c) received cash KRW 3 million from F from F at the coffee shop near the Suwon Station on September 11, 2010; (d) selected E as an agent for the event; and (e) received a cash transfer of KRW 1 million from the Defendant’s account under the name of the Defendant on October 1, 2010.

As a result, the Defendant received the delivery of KRW 11 million in return for illegal solicitation in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of suspect examination of the police officer regarding I;

1. Application of each Act and subordinate statute to the police statement concerning F;

1. Article 357 (1) of the Criminal Act and Article 357 of the same Act concerning the applicable criminal facts and the selection of punishment;

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