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(영문) 광주지방법원 목포지원 2016.12.16 2016고단101

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from September 2010 to September 2010, is the president of a D University (Gu E University), who is engaged in overall duties, such as personnel affairs, administration, accounting, etc. of the said University.

1. Although the revenues or property belonging to the occupational embezzlement and the accounts for school expenses in violation of the Private School Act cannot be transferred to or lent to other accounts, the Defendant, while holding office as president of D University, entered into a contract with F on March 11, 201, for music research institutes in the above G Building and music research institutes in the sixth floor and for the construction cost of 70 million won, among the management of school expenses with the right to make a final decision on the payment of expenses, and (i) had FF pay 5,970,000 won for the construction cost from the above G Rental Association (members A, H, I, and I), the owner of the above building, and (ii) had the G Rental Association (members A, H, and I), who is the owner of the said building, paid 5,970,000 won for the construction cost from that time to December 26, 2012, and paid 85,000 won for the total construction cost from the above university’s account, as stated in the attached Table 1, to the account.

2. An order shall be placed separately from projects for electrical works in violation of the Electrical Construction Business Act and information and communications construction business, and an information and communications construction project shall be contracted separately from construction works under the Framework Act on the Construction Industry, electrical works under the Electrical Construction Business Act,

Nevertheless, the Defendant, while serving as the president of the above university on December 13, 201, entered into a contract with the JejuJ and D University K Campus 1: (i) KRW 9,893,00,000 for the construction cost; and (ii) ordered electrical construction (1,162,070,000) and information and communications construction (17,354,000) by including construction work in construction work; and (iii) from that time until September 5, 2013, the Defendant attached three times until September 5, 2013.