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(영문) 광주지방법원 2015.01.23 2014고합345

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendants shall be punished by imprisonment for one year and six months.

However, for three years from the date this judgment became final and conclusive, as against Defendant B.

Reasons

Punishment of the crime

1. Defendant A is the head of the above F School Administration from March 1, 1992 to February 28, 2014, who, as the head of the F School, has been in charge of the administrative affairs of the above school juristic person and educational facilities, as the founder and the actual operator of the educational foundation E-A, and the principal of the F School operated by the school juristic person E-A, both of which are in his/her territory. Defendant B is a person in charge of the administrative affairs of the above F School Administration from January 1, 1999 to the date.

2. Where an educational foundation in violation of the Private School Act intends to sell, donate, exchange, change the purpose of use of, offer as security, or waive any obligation or right, it shall obtain the permission of the competent agency;

Nevertheless, around June 5, 2007, the Defendants agreed to sell 75,000,000 won the building No. 1 of the underground floor of the aggregate building in Namyang-si, Gyeonggi-do, which is the basic property owned by the school foundation E in the above school, to H. Around June 5, 2007. At the same time, the Defendants transferred the registration of ownership transfer of the above building around June 25, 2010. On June 5, 2007, the Defendants agreed to sell 75,000,000 won the building No. 2 of the underground floor of the aggregate building in Nam-si, Gyeonggi-do, which is the basic property owned by the school foundation E in the above school foundation in the above school. At the same time, the Defendants transferred the registration of ownership transfer of the above building around June 25, 2010, but did not obtain permission from the National Office of Education, which is the basic property of the school foundation E in the above school foundation.

Accordingly, the Defendants conspired to sell the basic property of the school juristic person without obtaining permission from the competent authorities.

3. From June 5, 2007, the Defendants violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) to H and I, respectively, two bonds of the size of G of 109.86 square meters in Yangyang-si, which is the basic property of the victim educational foundation E-school in the above school.