The Defendant is a director of the Foundation C (former educational foundation D University, hereinafter referred to as the "Foundation") who actually controls the operation of the Foundation and the execution of funds of the Foundation and D University under its control while working as a director of the Foundation C.

The Defendant, in collusion with G in charge of operating a profit-making business of the Foundation E, director F, and the Foundation, who is the chief director of the Foundation of this case, was in charge of using D University tuition fees for the purpose irrelevant to the purpose of education, on the ground that he actually manages the tuition fees, tuition fees, etc. of D University, while operating the Foundation of this case.

On June 19, 2007, the Defendant transferred KRW 300 million to the account in the name of Korea Bank (K) in the name of Korea University, at the instant incorporated foundation office and D University office located in Jongno-gu Seoul, Jongno-gu, Seoul, to the account in charge of the management of D University tuition, and transferred KRW 42 million out of the amount to the account in the name of Korea Saemaul Bank (K) around June 21, 2007, and used the amount to be used for purposes unrelated to the educational purpose, such as investing in the operation of the Internet clean Hors.

In addition, from June 21, 2007 to January 7, 2010, the Defendant transferred the school expenses of the D University, which had been kept in the account under the name of the D University, to the J Saemaul Savings Depository (K and M) in the name of the D University. The Defendant transferred 6,813,181,984 won to a new bank account under the name of F (L, N,0), G (P), the national bank account under the name of G (Y), the national bank account under the name of G (S), and the national bank account under the name of G (S), and the creditor bank account in the name of the E (U) and partially withdrawn the amount in cash, and was irrelevant to the use of education purpose, such as funds related to the operation of private race tracks, debts, real estate purchase, business funds, etc. around that time.

Accordingly, the Defendant embezzled KRW 6,813,181,984 in collusion with E, F, and G.D.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on the accused, G, P, E, V, and F;

1. Each prosecutor's statement concerning W, X,Y, Z, AA, AB, and F;

1. Each written statement of W, T,C, and AD;

1. An investigation report (Attachment of a certified copy of the C University Register), investigation report (Attachment of a record of transactions in the name of the company in the name of the company in Seoul High School), investigation report (Attachment of a record of transactions in the name of the company in the name of the company in the name of the company in question), investigation report (Attachment of data on results of search and seizure in the name of the company in the name of the company in the name of the company in question), investigation report (Attachment of results of financial search and seizure in the name of the company in the name of the company in question), investigation report (Attachment of a copy of the C University Account), investigation report (Attachment of a summary of transactions in the name of the company in the name of the company in the name of the company in the name of the company in question), investigation report (Attachment of a copy of the C University Account), report on transactions in the name of the company in question (Attachment of records of transactions in the name of the company in the name of the company in which the company in question is attached), attachment of a criminal investigation report (Attachment of a detailed statement of transactions in the company in the company);

1. An audit report (2007 fiscal year), attachment of e-mail sent by A to F, attachment of e-mail sent by E to E, and attachment of e-mail sent by E to F (Attachment to the Saemaul passbook);

1. Trial records and examination records of witnesses, and written contracts for transfer or takeover of operation rights among the trial records;

Application of Statutes

1. Article applicable to criminal facts;

Article 3(1)1 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 11304, Feb. 10, 2012); and Articles 356 and 355(1) and 30 of the Criminal Act shall be comprehensively included: Provided, That the upper limit of the punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010)

1. Selection of punishment;

Optional of limited imprisonment

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than 15 years; and

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Type 4 (not less than 5 billion won but less than 30 billion won)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, 4 years to 7 years

[Scope of the revised recommendations taking into account the applicable sentences] 5 to 7 years

3. Determination of sentence;

The crime of this case is committed by embezzlement of university tuition fees paid by students, which must be strictly managed and disbursed for educational purposes, and the amount of embezzlement by Defendant and E, F, etc. reaches approximately KRW 6.8 billion. In light of the size of embezzlement or the method and period of the crime, etc., the crime of this case is not very good. The Defendant, when acquiring and operating D University together with E, etc., committed the crime of this case, forged the balance certificate of the account in the name of D University and submitted it to the Ministry of Education, Science and Technology, etc. In addition, the Defendant and his accomplice used them for any purpose unrelated to education, such as the operation of Internet private horse race tracks, personal debt repayment, etc., not merely temporarily diverted, but also for the purpose of using them for the purpose of education, and further, the Defendant attempted to escape from criminal liability by failing to comply with an investigation for a long time on January 2010, and thus, the circumstances after the crime are extremely good. Even if the Defendant’s crime of this case was partially recovered to the Defendant at the time of embezzlement.

However, it appears that the Defendant recognized the entire crime of this case and reflected against the Defendant, compared to the size of the embezzlement amount of this case (as approximately KRW 6.8 billion), the amount of actual profits earned by the Defendant appears to be small, and a part of the embezzlement amount was returned to the incorporated foundation of this case, such as deposit of approximately KRW 580 million in total with the account in the name of the pertinent incorporated foundation after the embezzlement of this case, and deposit of approximately KRW 1.60 million in the name of the pertinent incorporated foundation of this case. Of the embezzlement of this case, approximately KRW 1 billion in the amount of the embezzlement of this case was disbursed as expenses for purchase of assets for profit of the instant incorporated foundation of this case and expenses for school publicity, etc., taking into account the Defendant’s age, character and conduct, family relations, motive, means and result of the crime, and circumstances after the crime, etc., the punishment of this case shall be determined as ordered in consideration of various sentencing conditions as shown in the trial process of this case, such as the order

Judges Tae-young

Judicial Chief Judge;

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.