특정경제범죄가중처벌등에관한법률위반(횡령)등
Defendant
A Imprisonment for two years, Defendant B shall be punished by a fine of KRW 7,00,000, and Defendant C and D shall be punished by a fine of KRW 4,000,00.
Punishment of the crime
[Basic Facts] Defendant A is a director of school juristic person F of the school juristic person F of the school juristic person in Gangnam-gu Seoul Metropolitan Government from March 2004 to the present day. The above school juristic person is actually operating as the president of G, and from March 2004 to March 2004, Defendant A is working as the president of the I University affiliated with the above school juristic person F of the school juristic person E.
Defendant
B is working as the head of the team in charge of planning the above I University from around 2012.
Defendant
C is the representative of KK for the construction business, etc. in Gwangjin-gu Seoul Special Metropolitan City, and the defendant D is the representative of KM for the construction business, etc. in Ansan-gu L during Gyeyang-si.
[Criminal Facts]
1. The sole criminal conduct of Defendant A;
A. (1) Defendant A, while actually operating a private teaching institute under the name of the educational foundation F, has carried out the affairs related to the custody and management of the corporate funds. On December 10, 2012, Defendant A withdrawn KRW 1.2 billion from the N bank account under the name of the said educational foundation and kept it for business purposes. On December 18, 2012, Defendant A lent KRW 1 billion out of the said money to P (State)O’s major shareholders without due process, such as an agreement on the period of payment and a resolution of the board of directors, etc. around December 18, 2012; and (2) around April 3, 2013, Defendant A loaned KRW 1.2 billion from the N bank account under the name of the said educational foundation to keep it for business purposes, without due process, such as an agreement on the period of payment and a resolution of the board of directors. Around April 4, 2013, Defendant A loaned KRW 1.2 billion to the said P on an individual basis and extended to the said KRW 1313.
Accordingly, Defendant A embezzled the total amount of KRW 2.1 billion for corporate funds of school juristic persons F of the school juristic person.
(2) Defendant A, as the president of I University, handled the affairs pertaining to the custody and management of school expenses as the president of I University. ① While withdrawing KRW 200 million from the accounts of the school expenses of the above I University on March 18, 2013 and keeping it for business purposes, the above amount is without due process, such as an agreement on the interest or the repayment period and a resolution of the board of directors on the same day.