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(영문) 전주지방법원 2014.09.18 2014고단401

사립학교법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On February 28, 2008, the Defendant obtained authorization for the establishment of a kindergarten with the trade name “G kindergarten” from the former Office of Education, and the head of H, I, and J operating the said kindergarten in the Jeonjin-gu Seoul Special Metropolitan City.

1. Violation of the Private School Act due to transfer of revenues from school expenses and accounts for pretending to purchase goods;

A. On January 3, 2012, the Defendant: (a) even though there was no purchase of goods equivalent to KRW 8,012,00,00 in the amount of KRW 8,012,00 from the K Kindergarten L, a trader that purchases goods related to the operation of a kindergarten at the above G Kindergarten office, the Defendant prepared a false disbursement resolution; (b) transferred the amount equivalent to the above amount from the former North Korean Bank Account (M) to the L passbook in the custody of the Defendant; and (c) then withdrawn the total amount of the transferred amount, and used it for the purpose of repaying personal obligations, such as living expenses, loans for the construction of a new kindergarten, and principal and interest on loans, etc.; and (d) thereafter, transferred the amount of KRW 129,810,620 in total over 34 times as indicated in the attached Table 1 through 34 of the date of the crime, by withdrawing the amount of the school expense revenue in the above way and using it for the purpose of personal debt accounting, such as living expenses.

B. On February 1, 2012, the Defendant: (a) purchased goods equivalent to KRW 1,969,00 in the amount of KRW 1,969,00 in the N Kindergarten’s office; (b) prepared a false disbursement resolution; and (c) deposited the amount of money transferred from the former North Bank’s account (M) to the O passbook in the name of the Defendant’s account; and (d) subsequently withdrawn the total amount of money transferred to the Defendant and used it for repayment of personal obligations, such as living expenses, loans for the construction of new G kindergarten, and principal and interest, from that time to that time, the Defendant entered the list of crimes Nos. 35 to 54.

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