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(영문) 광주고등법원 2018.04.26 2017노438

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

The judgment below

The guilty portion shall be reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

In this case.

Reasons

1. Judgment on the appeal by the defendant - The guilty portion of the judgment below

A. The summary of the facts charged and the summary of the lower court’s judgment 1) The Defendant’s status as the Defendant is a director of a school foundation I (hereinafter “I”) located in the net city from November 20, 200 to September 10, 207, as the president of I from September 11, 2007 to March 31, 201, while serving as the president of the Korea National University from April 29, 201 to September 1, 201, and has overall control over all duties, including matters concerning the budget of I and K University.

B) As above, Defendant 1 had occupational duties to ensure that, as a director of a school foundation, Defendant 2 is not obliged to pay remuneration to executives except full-time executives prescribed by the articles of incorporation among the executives of the school foundation except reimbursement for actual expenses, the pertinent provisions, such as the Private School Act and the articles of incorporation, are well examined so as not to cause maximum damage to the school foundation to the extent that it does not violate this.

The Defendant, at the end of 2004, visited Japan at the expense of the State through an overseas internship project supported by the Korean University Education Council of the Department of Education, Science and Technology (hereinafter referred to as the “Ministry of Education”), and ordered the Foreign Cooperation Agency, which is the department in charge of around May 2005, to call for the cost of performing duties under the name of the Defendant’s direction, such as 10,000 UN, 10,000 UN, 10,000 UN, and 10,000 UN, etc., on the basis of the name of the Defendant’s direction, the Defendant ordered the Foreign Cooperation Agency, which is the department in charge of the field of the field work, to call for a letter of “commission of a local officer for the employment and transfer of this school students,” with the content of paying the cost of performing duties every month under the name of the Defendant’s direction.

Although the Defendant is unable to receive remuneration, etc., other than the actual cost of non-standing directors, the Defendant violated his occupational duties by such means as above, and 3 million won per month from July 2005 to April 29, 2008, respectively. 12 million won per month between 34 months in total.

참조조문