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(영문) 수원지방법원 2016.11.14 2016고합240
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

B Imprisonment with prison labor for three years and for ten months, each of the defendants A shall be punished by imprisonment.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B served as the president of H University from February 8, 201 to April 2016, as the educational foundation’s president, and engaged in overall control, direction, and decision-making of the said educational foundation and H University’s funds, accounting management, school affairs, and other matters. ② From December 27, 2004 to December 27, 2004, a major shareholder (a 61.40% of shares) of I Co., Ltd. (hereinafter “I”) is a major shareholder (a 61.40% of shares) of I Co., Ltd. (hereinafter “the president”). A major shareholder (a 68.25% of shares) of J Co., Ltd. (hereinafter “J”) from Apr. 1, 200 to Apr. 1, 200, is a person in charge of personnel management, operation, management, etc. of J’s funds.

Defendant

A is a person who has overall control over I and J's financial and accounting practice while working as the head of the I's department or financial director from around 2005 to February 1, 2015.

On the other hand, K is a representative director of L Co., Ltd. (hereinafter “L”) from December 2006 to December 2006, who has overall control over personnel affairs, operation, management of company funds, etc.

1. Crimes against Defendant B’s H University

A. Crimes related to H University Dormitory Expansion Corporation (1) Violation of the Act on the Punishment, etc. of Specific Economic Family (Embezzlement) (Embezzlement) and Defendant B who violated the Private School Act shall be subject to the Private School Act’s extension of dormitories with K around June 201 (hereinafter “ dormitory construction”).

When concluding a contract, it concluded a contract with approximately 14 billion won by planting about KRW 3 billion compared to the actual construction cost, and it was thought that K would return such unfilled construction cost.

Defendant

B In accordance with the above agreement, H University in Pyeongtaek-si M, around June 201, ordered L to order L to work as a dormitory, and around June 7, 201, the above Defendant paid KRW 500 million from H University school expenses in his/her occupational custody as the price for the above work. From the above date to May 10, 2012.

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