Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the president of the D University in Gyeonggi-si, Osan-si.

Revenues belonging to the accounts of school expenses shall not be transferred or lent to other accounts, and the expenditure of the accounts of school expenses shall be used directly for expenses incurred in school education, and shall not be used for any other purpose.

Nevertheless, while the Defendant brought a lawsuit seeking revocation of the disciplinary action against a faculty member of a DNA university who is a party to the lawsuit, he/she had expressed his/her mind to bear the litigation costs, such as attorney fees, in the accounts of DNA university tuition.

On January 18, 2010, while the Defendant kept school expenses for the victim D University on duty, paid 4.4 million won to the attorney’s expense for the case of cancellation of the decision of the appeals review committee of Seoul Administrative Court 2009Nu35650 on January 18, 201. Around that time, from around May 25, 201 to May 25, 201, the Defendant spent 114 million won, which was kept in the accounts of school expenses over 13 times as shown in the list of crimes in the attached Table, for other purposes, not directly required expenses for school education.

Accordingly, the Defendant embezzled the amount of KRW 114,400,000 for D University tuition and transferred the same amount to other accounts, which is the revenue of D University tuition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Request for cooperation in investigation and reply;

1. Application of Acts and subordinate statutes to investigation reports (attached to documents pertaining to attorney-at-law fees);

1. Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement) of the same Act concerning the facts constituting an offense, and Articles 73-2 and 29 (6) of the Private School Act (the point of transferring the income from school expenses to another account);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the crimes of occupational embezzlement heavier than each of the above crimes);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are paid by students.