업무상횡령
Defendants are not guilty.
From March 1, 2005 to September 24, 2014, F of the facts charged in the instant case (an adjudication of conviction on August 12, 2015) is the chief executive officer of the school foundation I (hereinafter “I”) to establish, operate, and manage the H high school located in Seongbuk-gu Seoul Metropolitan Government from March 1, 2005 to September 24, 2014, and Defendant B is a person in charge of the management of the overall administrative affairs including accounting as the chief executive officer of the I and H high school from July 1, 2004 to July 2016. Defendant A is the chief executive officer of the H high school from March 1, 2013 to March 1, 2013.
The accounts of the school juristic person shall be classified into those of the school juristic person established and operated (hereinafter referred to as "accounts") and those of the juristic person. The accounts of the school expenses shall be compiled by the head of the school concerned, but the budget of the school expenses shall be finalized after consultation by the school operating committee and determined by the deliberation and resolution of the board of directors, and shall be executed by the head of the school concerned as the final approval authority. The revenues of the school expenses shall not be transferred or lent to other accounts except for the repayment of the principal and interest of the loan. The accounts of the school expenses shall be used directly for school education, such as personnel expenses and articles expenses necessary for school operation, facilities and equipment expenses directly necessary for school education, expenses for school teachers' research
1. From January 201 to February 2013, Defendant B, at the above H high school around January 2011, used KRW 1,426,380 of the J’s wage on January 1, 201, which is the driver of an exclusive vehicle for the president of the IF at the H high school, as well as the disbursement and use of KRW 1,426,380 in the H high school tuition. From that time to February 2013, Defendant B used KRW 37,744,490 in total as stated in [Attachment Table No. 1-26] to keep the LH high school tuition for 26 times in total as above.
2. From March 2013 to June 2015, the Defendants involved in the crime are the Chairperson F at the above H high school around March 2013.