사립학교법위반
The prosecutor's appeal is dismissed.
1. In full view of the following: (a) no evidence exists to deem that there was a prior determination of the principal or interest of a loan, repayment period, or repayment method in relation to the lending of money to a kindergarten account or the repayment of a loan; (b) the act stated in the facts charged did not account as repayment of the loan; and (c) some of the money alleged as a loan is considerably different from the date and time stated in the facts charged and its source is unclear; and (d) the Defendant’s use of money as stated in the facts charged does not constitute a case where the principal and interest of the loan permitted
Nevertheless, the lower court rendered a not-guilty verdict on the charges on different premise. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is a person running “C”, a private school located in Busan Northern-gu B from March 2012 to March 2012.
No private school operator shall transfer or lend any income or property belonging to the accounts of school expenses to other accounts.
Nevertheless, from October 2016 to February 2018, the Defendant collected C-school course tuition fees, teaching materials expenses, material expenses, event expenses, home care expenses, etc. to an individual account (D bank) other than the kindergarten account, from around 2016 to around 2018, and then transferred from the above account to the Defendant’s account to KRW 298,401 (transfer amount to KRW 4,000,000 - Defendant’s individual funds amount to KRW 3,701,59), and used them for personal purposes, and lent them to the Defendant’s account for personal purposes by transferring them to KRW 34,382,523 (personal withdrawal amount to KRW 50,00,00,000 - KRW 15,617,477). Defendant 6,306,300,370,300,577, and transferred them to the Defendant’s account for personal purposes.
Accordingly, the defendant has received income or property belonging to school expenses accounts from other accounts.