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(영문) 대구지방법원 안동지원 2012.09.10 2012고단839

사립학교법위반

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of seven thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A actually operated the Educational Foundation E in Ansan-si D (from June 5, 1997 to December 24, 2008) and Defendant B operated the Foundation E with Defendant A’s order from January 7, 2009 to January 7, 2009.

Where a school foundation sells, donates, exchanges, or changes its fundamental property, it shall obtain permission from the competent authorities.

1. On October 26, 2008, Defendant A instructed F, the secretary general at the E-Foundation office in Ansan-si Office without the permission of the competent authority, and ordered F to terminate the deposit amounting to KRW 180,000 on October 28, 2008, which was deposited in the G Saemaul Treasury account (H) in the name of the foregoing Foundation, which is an endowment for profit of the E Foundation, and changed its purpose by using the deposit amount of KRW 180,00,000,000, which was deposited in the G Saemaul Treasury account in the name of the foregoing Foundation.

2. On October 13, 2009, the Defendants conspired with the competent authorities to instruct the J, the chief of general affairs division at the office of Ansan-si Office to terminate the deposit of 18,492,464 won in the account of G community credit cooperatives (K) in the name of the said foundation, which is an endowment for profit of the Foundation, and had the said foundation withdraw the deposit of 18,492,464 won on the same day, and used it as the operating expenses of the said foundation on three occasions from August 10, 2010, and then changed the purpose of the deposit of the said foundation, which is an endowment for profit of the said foundation, by using the said foundation’s operating expenses, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of Acts and subordinate statutes to each investigation report (the details of transactions of L, the details of the disposal of KRW 50 million for a term deposit, the details of the disposal of KRW 180,000 for a term deposit, the details of the disposal of KRW 180,000 for a term deposit, and the details of the original receipt account

1. 범죄사실에 대한 해당법조 및 형의 선택 ◎ 피고인 A : 사립학교법 제73조 제2호,...