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(영문) 부산지방법원 동부지원 2018.02.08 2017고합239
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was the chief executive officer of the school juristic person D who established C high school and C middle school from April 2004 to December 2014.

1. On July 15, 2003, the school juristic person D and E’s educational foundation D entered into a contract for the operation of a dormitory with a school juristic person D and E’s dormitory donation to and from E, the dormitory of the E Co., Ltd. (hereinafter “E”) was constructed in E and donated to and paid from the school juristic person D with the dormitory of C High School, and E entered into a dormitory operation contract with the purport that E shall guarantee the right to operate a dormitory for the period of 20 years, and E agreed to enter into an agreement with the school juristic person D and to substitute the said agreement for the school development fund.

2. The embezzlement of the school development fund, which was transferred under the name of school juristic person D, received the school development fund from E to D accounts other than the C High School Development Fund account, and subsequently, the Defendant conspired with the executives and employees of the school juristic person D to repay the loan of the Korea Private School Foundation D to the Defendant to pay the Defendant personal donations, etc. instead of using it as free job placement fees for the students, or to use it as operating expenses of the school juristic person D.

On March 16, 2007, the Defendant received KRW 15 million from E to the Busan Bank account in the name of school juristic person D in Busan Shipping Daegu, and used it as loans and corporate operating expenses around September 10, 2008, while keeping it in the course of business, from E to the Busan Bank account in the name of school juristic person D, and embezzled it as loans and corporate operating expenses.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the prosecution with regard to G;

1. A written contract for the collection and operation of a dormitory for the person on July 15, 2003 and on March 1, 2009, and a written confirmation of improper accounting of donations;

1. Before judgment:

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