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(영문) 광주지방법원 2017.10.19 2017고단467
사립학교법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was appointed as a director of school foundation F (hereinafter referred to as “F”) from January 29, 2013, and served as the president from July 9, 2013 to April 23, 2015.

The Defendant, in collusion with F private individuals G, H, I, J, and K on November 27, 2013 without obtaining permission from the Office of Education, held a board of directors as the president of the F office located in Gwangju Nam-gu L, and resolved to purchase two fixed deposit accounts (one thousand and three (1,030,143,450, and the period from April 26, 2013 to April 26, 2014) which are fundamental property for F’s profit-making (hereinafter “each of the instant land”) by combining two (2) accounts for fixed deposit accounts (one (1,030,143,450, and two (208,000,000,000 Korean bank, N, principal,030,000, and the period from October 31, 2013 to January 31, 2014).

According to the resolution of the board of directors, on December 6, 2013, Q(2021/2172) and R(151/2172) with respect to the land in Gwangju-gu, Gwangju-gu, the F entered into a sales contract with the owner S. as to the land, and each of the above accounts of fixed deposits, which are fundamental property for F Income on December 6, 2013 and December 19, 2013, are terminated, and around December 6, 2013, to Q., KRW 10 million, KRW 40 million, KRW 100 million, KRW 40 million, KRW 400,000,000, KRW 375 billion, KRW 300,000,000 to Q, around December 10, 2013, KRW 370,000,000,000 to Q., KRW 375,000,000,00.

Accordingly, the Defendant, in collusion with G, H, I, J, and K, terminated term deposits, which are fundamental property for F’s profit, without obtaining permission from the Office of Education, and changed the purpose of use by paying as land purchase price.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of the witness T or U;

1. Each protocol concerning the examination of suspects by the prosecution against G, H, V, I, W, J, X, andY;

1. Each accusation;

1. The investigation report (the termination of a fixed term deposit which is an endowment for profit);

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