업무상횡령
1. Defendant B shall be punished by a fine of three million won, and Defendant C shall be punished by a fine of two million won.
The above fine is imposed against the Defendants.
Defendant B, from March 2005, was the principal of H foreign language high schools located in G in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “H foreign language high schools”) and was in overall charge of financial affairs, such as the revenue and expenditure of the school. Defendant C, from March 2007, was in charge of the accounting and property management of the school while serving as the head of H foreign language high schools.
On July 5, 2007, the Defendants received 30 million won as the name-free school development fund from the parents of students enrolled outside H, who were enrolled in the administrative office outside H, and received 30 million won as the name-free school development fund from the victim’s H and the School Governance Committee’s occupational storage for the school operation committee. On the same day, the Defendants paid the hallway expansion design service cost of the I building to be managed and used by H middle schools without incorporating the deposited school development fund into the accounts of H and H school development fund
As a result, the Defendants conspired to make up for the purpose other than the purpose of the school development fund which was kept in the office and embezzled by paying 30 million won to the Defendants.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of each police statement against J, K and L;
1. Deposit sheet (780 pages of investigation records);
1. A standard contract for technology (design) service (not more than 861 pages of investigation records);
1. As to the Defendants’ assertion on the guilty portion of the purchase and payment resolution (No. 869 of the Investigation Record), the Defendants’ use of the corridor part in the part of the I building in the design service cost for the expansion of the corridor cannot be deemed as use for any purpose other than its original purpose. The use of the HH high school development fund in the design service cost for the expansion of the corridor cannot be deemed as use, and the use of the donated KRW 30 million in the accounts of the School Development Fund is merely a substantial portion in the process of the accounting by Defendant C, and it is also argued to the purport that Defendant B and the Defendant B were not recruited.
Article 64 of the Enforcement Decree of the Elementary and Secondary Education Act is Article 64 of the Enforcement Decree of the Elementary and Secondary Education Act, since the School Development Fund can only be used for the purposes prescribed by the law, such as remuneration and expansion