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(영문) 광주지방법원 2017.12.14 2017고정1182

업무상횡령

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

From September 1, 2013, the Defendant, as the president of the C University operated by the school foundation B, is in charge of guiding and supervising his/her faculty members and exercising overall control over the revenues and expenditures of the school.

Revenues belonging to the school expenses accounts mainly consisting of school tuition, among accounts belonging to a school, shall not be transferred or lent to other accounts, and the expenditures of the school expenses accounts shall be used directly for expenses incurred in school education, and shall not be used for any other purpose.

On October 7, 2013, the Defendant paid KRW 69,028,691 (including the final amount of litigation costs 6,452,441) of the judgment in favor of the Plaintiff in the lawsuit for wage claim (No. 2012 of the Gwangju District Court 12025) filed by D against B of the school juristic person (including the final amount of litigation costs 6,452,441) from the accounts of non-corporate expenses, and embezzled KRW 3,70,000 for the attorney-at-law related to the said lawsuit from the accounts of non-corporate expenses on March 24, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Payment of wages, costs of lawsuit, etc. according to the judgment in a lawsuit, and written resolution for disbursement [the purpose of the Private School Act, which divides the accounts of school juristic persons into those of school juristic persons into those of juristic persons, and strictly limits the use of the accounts of school expenses among the accounts of schools, is to strictly interpret the use of the accounts of school expenses according to the meaning of the language, so even if certain parts of the operation of the school are related to the operation of the school, it does not constitute “expenses that may be disbursed from the accounts of school expenses” unless it is deemed

It is reasonable to see that it is reasonable.

The following circumstances acknowledged by the evidence, i.e., lawsuits filed by D against school juristic persons B, are deemed as “wages” by the name of the case, but, as a lawsuit, tort liability is established on the ground that the school juristic person B’s rejection of reappointment constituted tort.

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