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Defendant
All appeals filed by A, B, E, and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and B (1) The request for a middle school player with excellent professional team such as mistake of facts and misapprehension of legal principles to be admitted to a high school exercising the right of priority is difficult to view it as an illegal solicitation due to the participation of human resources of the professional team. The money that the Defendants received from the professional team is the support fund that the professional team calculated and paid according to its own standards regardless of the Defendants’ intent. It is not the consideration for entering the middle school’s team, but the consideration for fostering the relevant player in an inferior environment for three years.
In particular, R has already been decided to enter T High School and paid KRW 30 million as a scholarship. Therefore, the 30 million which PY paid to Defendant A in relation to R is not related to entrance to a higher school, but is paid as incentive and support for Defendant A's dismissal of outstanding players for three years.
In addition, in light of the form and method of receipt and payment of the above money, such as incorporation of the professional axis group into regular accounting items after the review of the legal team, transparent remittance to the passbook, and payment of taxes to the tax office, the Defendants, who are merely average, believe that the above money received from the professional axis group as a matter of course was lawful.
Therefore, the defendants received money from the staff in charge of the professional axis team in return for an illegal solicitation that the defendants received money from the employees in charge of the professional axis team in return for requesting them to enter a specific higher school. At the time of the crime of this case, the judgment of the court below which judged that the defendants had a knowledge of illegality was erroneous or erroneous in the misapprehension of legal principles concerning the recognition of illegality.
(2) Defendant A’s sentencing of the lower court: Imprisonment with prison labor for one year, two years suspended execution, additional collection charges of KRW 82,560,00, and Defendant B: