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(영문) 서울북부지방법원 2015.08.12 2015고단1746
업무상횡령
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

From March 1, 2005 to September 24, 2014, the Defendant is the president of a school foundation E (hereinafter “EM”) that establishes, operates, and manages D High Schools in Seoul C (hereinafter “EM”) who exercises overall control over the personnel and finance of EM.

The accounts of school juristic persons shall be classified into accounts belonging to schools established and operated by them (hereinafter referred to as "school expenses accounts") and accounts belonging to the affairs of the juristic person. The accounts of school expenses shall be formulated by the head of the relevant school, but the accounts of school expenses shall be determined by the deliberation and resolution of the board of directors after consultation by the school operating committee, and the revenues belonging to the accounts of school expenses shall not be transferred or lent to other accounts except where the principal and interest of the loans are repaid. The accounts of school expenses shall be used for personnel and goods expenses necessary for school operation, expenses for facilities and equipment directly necessary for school education, research expenses of school teachers, scholarships, and other expenses directly necessary for school education.

1. The Defendant, who is the head of the administrative office of the EM and the facility construction cost of the EM, falsely appropriated and received the money from G, and offered the money to H as a bribe to the assistant officer of the Seoul Special Metropolitan City.

F around May 1, 2009, at the above D High School Administrative Office, appropriated four construction costs, such as the maintenance and repair of the EAF’s living ground and roof while keeping the corporate funds in custody for the victim educational foundation EA, and remitted the corporate funds to the account of the IF’s National Bank (J) for the said G operation, and received the said KRW 21 million from F to the NA’s Agricultural Bank (K) account, and offered the said funds as a bribe.

As a result, the Defendant, in collusion with F, embezzled 21 million won of the victim EM corporation fund.

2. On January 201, the Defendant spent KRW 1,426,380 of L, which is an exclusive driver of the president of the EAD High School, in the office of the president of the EAD High School, in the amount of KRW 1,426,380 from the D High School’s school expenses, and thereafter up to October 2014.

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