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(영문) 서울북부지방법원 2017.02.08 2016고단296
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the 2016 highest order 296 cases, Nos. 8, 9, 9.

Reasons

Punishment of the crime

The defendant of "2016 Highest 296" case is the president of C University established and operated by the injured school foundation B from August 11, 2007 to August 11, 2007, who has overall control over personnel administration and accounting affairs.

Revenues belonging to the accounts of school expenses of a private school established and operated by a school foundation shall not be transferred or lent to other accounts, and the expenditures 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.

On February 17, 2013, the Defendant spent 7,700,000 legal advisory fees for school expenses to Law Firm E in relation to the case of requesting investigation of interference with business affairs with D students of C University and 5 other than five persons. From around that time to February 27, 2015, the Defendant spent 30,000,000 won for legal advisory fees for school expenses as stated in the list of crimes attached hereto (Provided, That the date of No. 1 referred to as " February 17, 2013" shall be deemed as " February 17, 2014," and the Defendant, who acquitted the Defendant, spent 8,9,22,340,000 won for legal advisory fees and labor personnel expenses not directly necessary for school education, from the accounts of C major school expenses.

As a result, the Defendant transferred income belonging to school expenses accounts to other accounts, and embezzled school expenses kept in the course of business.

As the president of C University, the Defendant of “2016 Highest 2272” case and C University.

1. In relation to the lawsuit claiming construction costs for the F Campus Additional Construction Costs (Seoul Central District Court 2011 Gohap 111836 construction costs, etc.), the income belonging to the accounts of school expenses is transferred to other accounts by spending 3.3 billion won for the contingent remuneration of 3.3 billion won on August 27, 2014 to the law firm G on December 6, 2011, and simultaneously embezzlement the total of 388,300,000 won of the school expenses kept in the course of business;

2. Claims for damages filed by H in relation to the claim for damages by teachers and staff H against the school juristic person B (Seoul Central District Court 2014Ga group 5031687, Seoul High Court 2005Na 10393).

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