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(영문) 춘천지방법원 강릉지원 2014.12.18 2014고정3

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, from July 17, 2012 to March 10, 2013, is the president of the “E University” under the jurisdiction of the educational foundation D, which is located in Gangnam-si C, and is a person who has exercised the overall right to direct and supervise school operation, such as storing, managing, and executing budgeting income belonging to the school expense accounts of the said school.

According to the Private School Act and the Enforcement Decree of the same Act, the accounts of the school juristic person are strictly divided into the accounts belonging to the school and the accounts belonging to the business of the juristic person, and the revenues belonging to the accounts of school expenses are strictly restricted by the purpose of use, such as transfer to other accounts or lending, etc. Therefore, the defendant directed the operation of the above university and supervised the revenues belonging to the accounts of school expenses only for the purpose of education.

Nevertheless, on December 24, 2012, the Defendant: (a) concluded a contract for the construction of remodeling with H, the representative of the “G” located in Gangnam-siF around that time, to provide the 208 main office building, the establishment room of the “E University” to the president of the victim educational foundation D; and (b) withdrawn KRW 12,966,250 as the construction amount from the above university school expense account in custody for the victim on January 14, 2013 and remitted KRW 12,966,250 as the name of the construction amount to the H’s agricultural bank account (Account Number: I); (c) transferred KRW 14,804,00 with the agricultural bank account (M) in the name of the representative L of Gangnam-siJ in terms of the cost of housing construction and the cost of housing supplies; and (d) remitted KRW 2501,250x15,205x9,205x9,505,00 won for consumption in the name of the H.

Accordingly, the Defendant embezzled the amount of KRW 28,965,250 of the “E University” school juristic person D, which was in custody of the Defendant, and transferred income belonging to the accounts of “E University” to other accounts.

Summary of Evidence

1. Partial statement of the defendant;

1. Of the police suspect interrogation protocol against the defendant.