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(영문) 춘천지방법원 강릉지원 2019.05.16 2018노501

업무상횡령

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Progress of litigation;

A. The summary of the facts charged is the president of the school juristic person C (hereinafter “C”), D, and E, as the president of the F University under C, at the same time in the East Sea.

E and F University teachers G were investigated into suspicions of granting a bachelor’s degree by unlawful means, such as giving the students with the number of school days to the mother and child, etc., and was prosecuted on June 14, 2012 with the violation of the Higher Education Act at the Gangnam Branch of the Chuncheon District Court and was under criminal trial.

(2) On September 3, 2012, the Defendant and D’s occupational embezzlement Defendant and D, on June 7, 2012, have been in custody of C’s corporate accounting funds. D, around June 7, 2012, recommended that the president of C office pay the Defendant the attorney’s appointment expenses for the instant criminal case from the corporate accounting funds, and the Defendant, through the accounting staff on the same day, embezzled KRW 5,500,00 from corporate accounting funds in collusion with D, and embezzled KRW 50,000 from corporate accounting funds. 2) Defendant and D’s corporate embezzlement on September 3, 2012, while having been in custody of C’s corporate accounting funds, D recommended that the Defendant pay the attorney’s appointment expenses for the instant criminal case from the corporate accounting funds from the corporate accounting funds to the corporate accounting personnel on the same date, and 300,000,000 won from the corporate accounting funds in collusion with D’s corporate accounting funds from September 3, 2012.

B. The lower court found the Defendant guilty of the instant facts charged and sentenced a fine of KRW 3 million to the Defendant, and the Defendant asserted that there was no intention to obtain unlawful acquisition or occupational embezzlement, and appealed by misunderstanding of facts and misunderstanding of legal principles.

Before remand, the Court of Justice shall:

참조조문