특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for three years.
60,000,000 won shall be additionally collected from the defendant.
Punishment of the crime
Basic Facts
The defendant is the founder of the F in Naju, who is actually engaged in affairs related to the overall operation of the school, such as the use of school expenses and the employment of professors at the above university.
A shall serve as the president of the F University from August 1, 2009 to be a person in charge of duties such as the use of school expenses of the F University, and B shall be a person in charge of duties such as fund management of the company, while operating G.
In around 1995, the Defendant established the FF in Naju City with the authorization of the establishment of H of school foundation from the Ministry of Education. However, as a result of the audit by the Ministry of Education, the Defendant’s embezzlement of school expenses was discovered, and the above school foundation was operated from around 1997 to July 2009 as a so-called "temporary director" system.
Although the Defendant made various attempts to recover the right to operate the above school foundation and the university, the Defendant failed to pay the performance amount of KRW 3.738 billion as required by the Ministry of Education and Human Resources Development in relation to embezzlement of school expenses.
From the end of 2007, the Defendant asserted that, instead of paying a performance-based fixed amount, “The net asset value of the Plaintiff is KRW 4.21,812,88,000 [the net asset value of KRW 1.4777,1878,00 in total, KRW 2.365 million in total, the total amount of debts of KRW 6.4777,1878,00 in total], the annual net income of KRW 13,6788,932 in [the annual net income amount of KRW 4.258,831,00 in total, KRW 2829,899 in total], the Defendant asserted that the above school juristic person’s executive director’s right of provisional directors should be invested in the profit-making property of the above school juristic person and the above school juristic person’s right of provisional directors should be terminated (the Ministry of Education and Human Resources Development in 709).
However, on April 2007, the above I tourist hotel will take over 2.54 million won of the debt of the right to collateral security loan and pay an additional amount of KRW 1.60 million.