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(영문) 광주지방법원 2016.08.19 2016고단1997
배임수재
Text

[Defendant A] The punishment of Defendant shall be three years of imprisonment.

The defendant's KRW 200,000 shall be KRW 17.5 million.

Reasons

Punishment of the crime

The Defendant is the director of the corporate office of a school juristic person that establishes and operates AE middle schools and AF high schools (hereinafter “AG private teaching institutes”) in Nam-gu, Gwangju, and is in charge of the administrative affairs of AG private teaching institutes, such as employment, transfer, promotion, and dismissal of teachers and employees of AE middle schools and AF high schools. Thus, in handling affairs related to the employment of teachers of AG private teaching institutes, the Defendant has duties to perform duties fairly for AG private teaching institutes.

On August 29, 2014, the Defendant: (a) at AE middle school located in Nam-gu, Gwangju Metropolitan City as a sports teacher in the said school at AE middle school; (b) was invited to employ an AI as a fixed-term teacher in the sports subjects of AE middle school; and (c) was transferred to the Defendant’s account in the name of the Defendant in return for a solicitation to employ a regular teacher in the future; (d) around February 29, 2016, the Defendant received KRW 30 million in return for the transfer from AH to the account in the name of the Defendant; and (e) around February 2016, the Defendant received KRW 200,000 from AH a total of KRW 20,000 from AH on the face of the Defendant’s vehicle parked in the south-gu, Gwangju Metropolitan City.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

"2016 Highest 2101"

1. Defendant B, Defendant C, and Defendant A’s joint crime are the president of the AG Institute, Defendant C is the director of the AG Institute, Defendant C is the director of the AG Institute, and Defendant A is the director of the corporate office of the AG Institute.

The Defendants are those in charge of the recruitment, transfer, promotion, dismissal, etc. of teachers and employees of AE middle schools and AF high schools under the AG Private Teaching Institutes, and have duties to perform duties fairly for AG Private Teaching Institutes in handling affairs related to the employment of teachers and employees.

Defendants conspired to use them for the recruitment of teachers and employees of AE middle schools and AF high schools by receiving the employment fees from the persons eligible for the employment, and Defendant B conspired to employ a woman AK from D to AF high school teachers at one’s own house located in the Seo-gu AJ apartment in Gwangju, Seo-gu around November 2013.

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