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(영문) 수원지방법원 2014.11.05 2014고단1187

업무상횡령

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from April 7, 199, is the chief director of a school foundation that establishes, operates, and manages a H University G in Suwon-si (hereinafter “IA”) from around April 7, 199, who exercises overall control over the personnel affairs and finance of IAD.

The accounts of school juristic persons shall be classified into accounts belonging to schools established and operated by them (hereinafter referred to as "school expenses accounts") and accounts belonging to the affairs of the juristic person. The accounts of school expenses shall be compiled by the head of the relevant school, and the accounts of school expenses shall be determined by the deliberation and resolution of the board of directors after consultation by the school operating committee or the board of directors, and shall be executed by the head of the relevant school. The revenues belonging to the accounts of school expenses shall not be transferred or lent to other accounts except where the principal and interest of the loans are repaid. The accounts of school expenses shall be used directly for school education, such as personnel expenses and articles expenses necessary for school operation, facilities and equipment expenses directly necessary for school education, research expenses of school teachers, scholarships

Around March 23, 2007, the Defendant used 34,318,000 won, in total, eight times in the name of attorney-at-law fees, including the Defendant spent 215,000 won for trial costs related to the examination of a teacher’s petition filed by JJ as the respondent, as stated in the attached Table 1 No. 18 through No. 25, from March 23, 2007 to January 14, 2008.

B. On October 5, 2005, the Defendant used, as a pretext of the cost of purchasing and maintaining vehicles, the purchase cost of the said vehicle from October 5, 2005 to March 5, 2008, including that of KRW 59,396,40,00 for the purchase cost of the said vehicle was paid from H University school tuition fees, when purchasing new-man vehicle, which is an exclusive vehicle of the president of the ICO.