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(영문) 서울북부지방법원 2016.06.16 2015고정1887

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From March 1, 2006 to February 28, 2014, the Defendant, while serving as the president of an I University run by the victim H of the victim educational foundation, directed and supervised affiliated faculty members, etc., and kept the money belonging to the school expense accounts as a person in charge of overall management of income and expenditure related to the school.

Among the accounts belonging to a school which is established and operated by the school foundation of a private school, income belonging to school expenses cannot be transferred to or lent to other accounts, and even if a person is employed by a private school, the employer is a school foundation that establishes and operates the private school. Therefore, in the event a dispute arising from the labor relations between the employees belonging to the private school arises, expenses, such as expenses for appointment of attorneys-at-law, labor expenses, and expenses for appointment of attorneys-at-law arising from administrative litigation not directly related to the education of professors and students arising

1. Occupational embezzlement;

A. On December 4, 2006, the Defendant, at the above university located in Dongdaemun-gu Seoul Metropolitan GovernmentJ, embezzled KRW 11,00,000,00 from the school expense accounts of the above school juristic person under the pretext of an attorney-at-law appointment related to the decision on the review of unfair dismissal, as well as from around that time until December 18, 2009, an amount equivalent to KRW 398,853,740, totaling 398,853,740, as shown in attached Table 1 of the List of Offenses Act, from around 41 times to December 18, 2009.

B. Around July 7, 2006, the Defendant paid KRW 5,500,000 to L Labor Workers in the accounts of school expenses in terms of the expenses for labor workers in response to an application for unfair dismissal from the above university, and embezzled KRW 398,200,000 from around that time to January 29, 2010 by paying KRW 22 times the sum of KRW 398,20,000 from around that time to around January 29, 2010, as shown in attached Table 2 of the List of Offenses Act.

(c).