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(영문) 수원지방법원 여주지원 2015.01.15 2013고합57 (1)

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

C Imprisonment with prison labor of one and half years, defendant A with prison labor of four years, defendant B with prison labor of two and half years, and defendant D.

Reasons

Punishment of the crime

Defendant

C is a person who works as the secretary-general of the N Scholarship Association (hereinafter referred to as the "N Scholarship Association") from around 2005 to July 2012, and has been in charge of funding and accounting of the N Scholarship Association.

Defendant

A served as the representative director of P Co., Ltd. (the "Co., Ltd." in Q golf courses and each company hereinafter referred to as "Co., Ltd.") located in P from October 2009 to May 2013. From May 2013, 2013, A is a person who is in office as the actual operator of TW(the corporation that implements the relevant golf courses) located in P Co., Ltd. located in P Co., Ltd. (the "Co., Ltd." is omitted).

Defendant

B is the president of the Private Teaching Institutes (hereinafter referred to as the “Private Teaching Institutes”) and the standing director of the National Institute of Scholarships, who actually exercises overall control over the operation of the Private Teaching Institutes and the National Institute of Scholarships connected thereto.

Defendant

D is a representative director of the RU located in Ischeon-si, and a person who purchased S building from the side of the S Teaching Institute around February 2012 at the market price of 10,550,000 won.

Defendant

E during the period of Defendant A’s service as a P representative director, he/she was in charge of accounting affairs as a subordinate subordinate to his/her position, and from May 2013, he/she was transferred to T along with Defendant A and is working as the employee.

1. Defendants C, A, and B’s joint criminal conduct (2013Gohap57, 108) committed in collusion with the Defendants. Defendant B, as an operator of the N Scholarship Association, has overall control over the execution and operation of funds, and Defendant C without permission, by means of the articles of incorporation and related Acts and subordinate statutes, such as the payment of scholarships and the subsidization of research expenses, etc., which are strictly set the use of which is strictly set by the articles of incorporation and related Acts and subordinate statutes, were removed from the N Scholarship Association’s property for private purposes.

Defendant

A knowing that the assets of the National Scholarship Association are assets managed by the N Scholarship Council Council Council, the Office of Education, etc., it may request Defendant B, who is the actual operator of the N Scholarship Association, to use the funds of the National Scholarship Association managing the National Scholarship Association because he/she would be able to use the funds urgently."