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(영문) 춘천지방법원 강릉지원 2016.06.02 2015노729
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. Under the determination that the Defendant is closely related to the business of the instant F University criminal case against the president and the G Telecommunication Director (hereinafter “instant criminal case”), and that there is a need to file a lawsuit for the interest of the F University, not the interests of the president and the principal of the school affairs, the Defendant shall authorize the payment of the cost of attorney-at-law in the instant criminal case from the corporate accounting funds, as follows:

Therefore, there was no perception that the defendant was for the benefit of himself or a third party or violated the purpose of entrustment, so there was no intention of illegal acquisition or occupational embezzlement.

① The key issue of the instant criminal case was whether E and G granted credits and grants degrees in accordance with the F University Regulations, and if any problem arises in the process, it does not constitute an individual crime.

The establishment of a crime in the instant criminal case has a significant impact on the dignity of the F University, which is directly related to the interests of F University and C, and thus, the instant criminal case is related to the business.

(2) Improper conferment of degrees is included in the scope of audit by the Board of Audit and Inspection, and are subject to corrective orders or school closure orders by the chief of educational science and technology.

In particular, if it is recognized that schools in the process of implementing the normalization plan under the management of the Private School Dispute Mediation Committee, such as the F University, have granted degrees unfairly, schools are highly likely to close.

③ According to the audit results by the Board of Audit and Inspection, the Ministry of Science and Technology requested a heavy disciplinary measure against professors who granted a degree in violation of school regulations, and filed a complaint against some professors to the prosecution, and E and G were excluded from those subject to measures for division of subjects.

The defendant, who is a temporary president appointed through the department of curriculum, is likely to close the school.

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