사립학교법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal is that the Defendant took part in the accounts of F Kindergarten tuition expenses in excess of KRW 1.3 billion from January 2008 to August 201, 2013. The amount loaned by the Defendant exceeds the amount recovered from F Kindergarten tuition accounts during the above period. As such, the Defendant’s withdrawal of insurance premium, etc. from the tuition payment account as stated in the instant facts charged also is merely merely a repayment of the remaining loan. Accordingly, the withdrawal of the above insurance premium, etc. falls under the “cases where the principal and interest of the loan is repaid” under the proviso of Article 29(6) of the Private School Act, and thus does not constitute a case where the income or property belonging to the school tuition is transferred to other accounts.
2. Determination
A. The summary of the facts charged in this case is that the person who establishes and operates a F kindergarten, which is a private school in Yangsan City E, shall manage the donations, tuition fees, and other money due received by a kindergarten, with the revenues of the school expenses accounts, in a separate account; and the money belonging to the above school expenses accounts shall not be transferred to another account or lent to another account.
Nevertheless, on May 20, 2009, the Defendant transferred the sum of KRW 103,00,000, out of the tuition fees received from the parents of F Kindergartens in the Agricultural Cooperative account (H) account in G, to the account of personal insurance premium, and from August 20, 2013, the Defendant transferred the sum of KRW 419,239,59,590, to another account for the total amount of KRW 231 times from August 20, 2013.
B. The lower court’s determination is based on the following circumstances, i.e., (i) the principal, interest, lending period, repayment method, and size of repayment related to lending money from the accounts that belong to the Defendant’s individual to the accounts belonging to F kindergarten or receiving the repayment of the loan.