208Gohap628 Misappropriation Misappropriation

1. A1 (At 81 Years, South Korea), and Bank Board;

2. A2 (Examines 78, Residuals) or public duty personnel;

Man-Consul

Law Firm Jeong, Attorneys Na-young (Defendant A1)

Attorney Ha Young-young (for the defendant A2)

April 24, 2009

Defendant A1 shall be punished by imprisonment with prison labor for one year and by imprisonment for eight months.

However, from the date of the final judgment of this case, the execution of each of the above punishment against the Defendants is suspended for two years from the date of the final judgment. 17,500,000 won shall be collected from the Defendants.

Criminal facts

From January 1, 2007 to December 31, 2007, Defendant A1, who was the president of the University of Bilateral, had a duty to select an appropriate business entity compared with the supply price and quality of Albarier in relation to the selection of a supplier of the University of Bright, who was the principal of the University.

On September 8, 2006, the Defendants decided to leave the 'M' office operated by Defendant A2 at the 2nd floor of the 2nd floor of the Manden Frand in Busan, the second floor of the 2006 Seo-gu, and Defendant A1 at the time of the election of the 2007 'Y' office to leave the election of the total students of the Habban University, and Defendant A1 at the time of the election of the 'Y' representative of the 'Kban University', the total of approximately KRW 30 million with the expenses for the festival of the 'university management representative', and approximately KRW 10 million with the total of KRW 10 million with the expenses for the election of the 'M' office. Defendant A2 at the time of the election of the 'Y' office, delegated the authority to consult on the supply of the 'M' office in the 'M' office in the name of Defendant Al', issued a letter of agreement with Defendant A2 to meet the above KRW 40 million with the above Defendant A who received the honorarium.

1. Defendant A1’s crime;

In collusion with A2, the Defendant received a request from C to conclude a contract to supply the above C at a place on January 1, 2007, where A2 was not a policeman for the first time, and received 2 million won from the front day of the 'pharmacy located in the Newdong-dong-dong in Busan on January 9, 2007, as a case fee, from the above C, and received 30 million won in total, including 20 million won check from the recipient's house located at the bottom of Busan on January 16, 207, and 30 million won in total, such as 20 million won check from the recipient's house located at the bottom of Busan on January 9, 200.

As above, the Defendant, in collusion with A2, received property in exchange for an illegal solicitation in relation to the duties of the president of the total student group.

2. Defendants’ co-principal conduct

On January 24, 2007, the Defendants received a request from D to conclude a contract to supply ‘00 mix' which is located in the state-dong, Busan High School in 2007 from D, and Defendant A1 entered into a contract with D to supply a crime for the graduation of the Balter University in 2007, and Defendant A2 received KRW 35 million from D to its own foreign exchange bank account on the same day.

As above, the Defendants conspired to receive property in exchange for an illegal solicitation in relation to Defendant A1’s duties as the president of the total student conference.

Summary of Evidence

omitted.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and defendant Al who choose a punishment: Articles 357 (1) and 30 of the Criminal Act (the provision of paragraph (1) at the time of sale shall be inclusive, and each choice of imprisonment shall be applied);

Defendant A2: Articles 357(1), 30, and the main sentence of Article 33 of the Criminal Act (Optional to Imprisonment)

1. Aggravation for concurrent crimes;

Defendant Al: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of the penalty provided for in paragraph (2) of the same Article with the heavier penalty)

1. Suspension of execution;

Article 62 (1) of the Criminal Code

1. Additional collection:

Article 357 (3) of the Criminal Code (the crime of paragraph (1) of the market is clearly identical to the crime of this Court Decision 2007No2566 delivered on December 12, 2008) (the crime of paragraph (1) of the market is clearly recorded. Since the above judgment became final and conclusive after collecting the full amount received from Defendant A2 in the above judgment, it is not to be collected separately in this judgment, and the amount received in relation to paragraph (2) of the decision was disbursed for the interests of the defendants, and it is difficult to distinguish the degree of the profits gained from the judgment among the defendants, and thus, it

1. Defendant Al;

Although the Defendant, who was the president of the University of Bright, was in a more fair and transparent way to handle the work on the welfare, welfare, etc. of the students, concluded a double contract with Defendant A2 with respect to the selection of a supplier for the graduation and received a large amount of honorariums from each company and the nature of the crime is not very good. In addition, the Defendant concluded an abnormal contract with Defendant A2, such as: (a) the Defendant received a large amount of honorariums from the election process of the total student of the University to be engaged in pure competition; and (b) delegated the authority over various interest projects to the said A2 after the election; or (c) the Defendant is highly likely to be subject to criticism in that it used for entertainment, etc. for the purpose of entertainment, etc.

However, the execution of a sentence against a defendant shall be suspended only once, in full view of all the circumstances revealed in the trial proceedings such as the defendant's age, character and conduct, and family relationship, including the fact that the defendant has no capacity to be punished with a fine, the return of the received money, the confession of the crime ultimately, the defendant's mistake is divided.

2. Defendant A2

The Defendant, in collusion with Defendant A1, participates in the election of the Korean Federation of Students by subsidizing a large amount of election expenses, etc., and actively participates in giving and receiving a large amount of honorariums from the company in relation to the selection of the graduates as a principal after Defendant A1’s election of the president of the Korean Federation of the Korean Federation of the Korean Federation of the Korean Federation of the Korean Federation of the Korean Federation of the Korean Federation of the Korean Federation of the Korean Federation of the Korean Federation.

However, the execution of the sentence against the defendant shall be suspended only once in consideration of the fact that the defendant has no particular criminal record in addition to the crime of this case, confessions all of the crimes and returns the money received in depth, etc.

The presiding judge, the number of judges;

Judges Kim Jae-young

Judges Kim Gung-soo