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(영문) 인천지방법원 2012.12.27 2012고합1253
배임수재
Text

Defendant

Imprisonment with prison labor for one year, and for defendant B, eight months, and for defendant C, respectively.

Reasons

Punishment of the crime

Defendant

A is the supervisor of the Tongg-gu Department at H University, Defendant B is the member of the I Organization, and Defendant C is a person without a certain occupation.

The Defendants, in sequence, conspired in soliciting high school camping players to pass the recommendation for the admission process for athletic professionals at H University and received money and valuables in return.

Defendant

B On January 201, 201, “L players may be admitted to the H-gu Department” by K, the Y-gu supervisor of the JJ High School, upon request, the Defendant C asked the H-gu supervisor A to select L as a sports speciality and request it.

Defendant

C delivered its content to Defendant A, and Defendant A selected Defendant A as H University Sports Special Trainees on September 201.

Defendant

B received KRW 50 million in cash from K in the vicinity of the New Campdong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul in September 201, and used KRW 20 million among them, and delivered the remainder of KRW 30 million to Defendant A through Defendant C, and Defendant A and C received the above KRW 30 million from Defendant B.

As a result, the Defendants conspired to receive money and valuables in return for the illegal solicitation in relation to the selection of athletic professionals of Defendant A’s H University.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to public prosecutor's statement to K;

1. Relevant Articles and 357 (1) and 30 of the Criminal Act and the choice of punishment for a crime: Articles 357 (1) and 30 of the Criminal Act;

1. Additional collection (the defendants): The public nature of the reasons for sentencing under Article 357(3) of the Criminal Act (in the case of private schools, see Article 1 of the Private School Act); and the circumstances under which the general trust of the society that the selection of university students will be carried out fairly due to the Defendants’ acts, etc. are infringed; however, the defendants’ status, degree of participation, amount acquired, investigation (including self-denunciation circumstances, etc.) and the attitude of trial shall be determined as per the disposition.

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