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(영문) 광주지방법원 2012.05.23 2011고합503
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Basic Facts

E as an founder of the F in Naju City, who is actually engaged in affairs related to the overall operation of the school, such as the use of school expenses and the employment of professors, and Defendant A works as the president of the F University from August 1, 2009 to work as the president of the F University from August 1, 2009, Defendant B is engaged in affairs such as the management of funds of the company while operating G.

E In around 1995, the Ministry of Education established the F University in the Jeju City with the authorization of the establishment of H of school juristic persons from the Ministry of Education, but the results of the audit by the Ministry of Education revealed that the embezzlement of school expenses E was discovered, and the above school juristic person was operated from around 1997 to July 2009 as the so-called "temporary director" system.

E has attempted to recover the operating rights of the above school juristic person and university, but in relation to embezzlement of school expenses, the Ministry of Education and Human Resources Development failed to pay 3.738 billion won as required by the Ministry of Education and Human Resources Development.

Of that, E, around the second half of 2007, the Ministry of Education and Human Resources Development: “The net asset value of 4.21,8122,80,000 won [the net asset value of 1.6.477,1877,00 won in total, the total amount of 2.365 million won in total, the total amount of debts of 2.477,1878,000 won in land value, 2.378,932 won in annual earnings [42,50,831, the total amount of 28,829,899 won in value], instead of the performance-based fixed amount of money, sought a claim that the above school juristic person’s right to a provisional director (temporary director) should be contributed to an I tourist hotel as a profit-making property, and the Ministry of Education and Human Resources Development may request that the above school juristic person’s right to a provisional director’s right to a termination in the E-U. 700.20.

However, the above I Tourist Hotel purchased on April 2007 on the condition that E takes over the debt of 2.54 million won for the loans with a right to collateral security around April 2007 and pays an additional amount of 1.60 million won.

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