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(영문) 의정부지방법원 고양지원 2014.08.29 2013고합256

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A Imprisonment for three years, Defendant B, and C shall be punished by imprisonment for two years and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A, while operating the Seodaemun-gu Seoul Party E located from around March 5, 2003, a school juristic person G was established on or around March 5, 2003 with the approval of the Minister of Education around October 27, 2003, and was working as the president of the school juristic person G while operating the said university from March 27, 2004. Defendant C is a person in charge of the duties of using school expenses of the said school from March 2004 to March 2004 while working as the principal of the H University. Defendant B is a person in charge of the duties of using school expenses of the said school from March 2004 to March 204.

1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in which the individual debt was KRW 20 billion and the F was difficult to raise operating funds due to the operational accident of the H University, Defendant A raised funds using the funds of H University to repay the principal and interest of the individual debt by using the funds of the H University and pay the funds individually useful funds prior to the end of February each year (the end of February) and, when the settlement of accounts is completed, embling the H University’s tuition by using the funds in return

Defendant A, on the first of March 2008, instructed Defendant B, through the J, a representative director of the IF corporation, who was in the name of the company, and actually operated, to “the transfer of KRW 600 million to the national bank account in the name of IF corporation, as the amount to be repaid is necessary.” Defendant B reported this to Defendant C, and Defendant C permitted this.

Since then, Defendant B made a false accounting as if he had paid the Corporation advance payment to the said I Company on March 3, 2008, and then remitted KRW 600 million to the National Bank account (Account Number K) in the name of the I Company from that time until August 31, 2009.