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(영문) 전주지방법원 정읍지원 2014.06.11 2014고합23
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

The imprisonment with prison labor for two years and the imprisonment for Defendant B shall be determined by one year and six months, respectively.

, however, the defendant.

Reasons

Punishment of the crime

Defendant

A was established on November 29, 1974 as the president of the above school juristic person F, who was working as the E-high school juristic person F, from around that time to July 20, 1987. After that, a person who was working as a director of the above school juristic person from March 31, 2014 and was in practical control of the above school juristic person’s financial affairs, personnel affairs, etc., while working as the director of the above school juristic person from around September 29, 199 to December 10, 201, and Defendant B as the relative student of Defendant A, who was working as the head of the above school juristic person and the head of the administrative office of the above E-high school from around September 29, 199 to December 10, 2013.

1. Where real estate belonging to the basic property for profit-making of a juristic person committing a crime concerning the proceeds from sale of basic property is the specific property to be used only for the operation of the juristic person, and the proceeds from sale of the basic property for profit-making of the juristic person, such proceeds from sale shall belong to the accounts of the juristic person, and shall be incorporated

The Defendants sold the fundamental property of the pertinent school juristic person by taking advantage of the fact that Defendant A actually has overall control over the finances of the said school juristic person, and Defendant B was in charge of the affairs related to the accounting as the chief of the said school juristic person, and solicited Defendant A to use it for personal purposes.

around November 1, 201, the Defendants sold approximately KRW 2,184 square meters of G land at Jung-Eup, a basic property for profit of the said school juristic person, to H, and thereafter deposited KRW 441,70,000 from around that time to September 24, 2012 into the above E-ray’s account (I), rather than the corporate account of the said school juristic person, and kept it for business purposes. Defendant B delivered KRW 441,70,000 over 28 times in total from November 2, 201 to September 24, 2012, as shown in Table 1 of the Crimes List, and Defendant A at the same time deposited the money.

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