beta
(영문) 서울중앙지방법원 2016.05.26 2014고단3740

횡령

Text

Defendant shall be punished by a fine of KRW 6,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation C, who operated the study center in Gangnam-gu Seoul Metropolitan Government D Building 213.

On October 12, 2011, the Defendant changed the name of the F High School in Canada to the account in the above C name that was managed by the Defendant from the victim E (after that change to G High School).

The above money was embezzled by arbitrarily using it as operating expenses, etc. of the above company, while receiving KRW 11,558,808 as the entrance fees necessary for the victim H to enter the high school (hereinafter “the instant high school”).

Summary of Evidence

1. A part of the legal statement fit therefor by the defendant (the seventh trial date);

1. Statement of the witness E in the third trial date;

1. Each legal statement of the witness H, I, and E (the eight-time trial date);

1. Any statement made to the accused in part suitable for such statement in the protocol concerning the examination of the suspect;

1. Statement made by the prosecution against E;

1. A H statement;

1. A complaint filed by E;

1. A certified copy of the register, details of deposits (a new bank), record, recording, investigation report (Attachment to outputs of the J and F High School website), and reasons for conviction;

1. According to each evidence held in the Defendant’s embezzlement act, the victim sent H to Canada through a study abroad operated by the Defendant at home around May 2011.

After completion of high school studies, the victim tried to enter the university, and the victim has taken a Canadian scenario from the defendant.

At the debate of the State, M, a private language institute, operated by K (K, one of the English names “K”, and L”; hereinafter “the instant language institute”) the Defendant’s friendly life, and operated educational programs related thereto.

(N) received the introduction of the instant high school, which is a private school operated by N, and the Defendant was a minor;

H Having H stay at the K’s home by designating K as his guardian (Glardian), the English language course (six months, US$ 7,050, US$ 7,050) in which the instant language teaching institute is being operated.