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(영문) 수원지방법원 안양지원 2015.05.12 2014고단1511
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

[2] On July 23, 2011, the Defendant was appointed as the president’s acting director of the D University (hereinafter “university”) at the board of directors of the victim educational foundation D (hereinafter “school foundation”) on July 23, 201, but on November 22, 2011, rendered a provisional disposition decision with the effect that “E shall be temporarily determined by the time the lawsuit seeking confirmation of invalidity of the board of directors’ resolution is rendered as the president of the D University.” As such, the Defendant lost the status of the president’s acting director.

Accordingly, the Defendant, by having E receive and allow E to withdraw from the office of professor, the president, etc., will neglect the right to operate the victim school foundation and the university. On November 201, 201, the Defendant engaged in the accounting affairs, such as school expenses, from the time when he/she was delegated with the authority to agree on the issue of resignation of professor and the president between E and E and the chairperson of the victim school foundation. From December 28, 2011, E has been engaged in the overall management of the accounting affairs, such as school expenses, as the actual president’s acting representative.

On November 201, the Defendant agreed to pay KRW 17 million in return for professor and president resignation, etc. to E, while paying KRW 100 million in the H hotel underground limited restaurant located in Geumcheon-gu Seoul Metropolitan Government on November 201, the Defendant: (a) transferred the unpaid benefits to E to the victim’s educational foundation in November 201 and December 201; and (b) transferred the unpaid benefits to E to the victim’s educational foundation in the name of the educational foundation in the name of the Plaintiff’s account on February 6, 2012, after having agreed to pay KRW 17 million in return for professor and president resignation, etc.

In this respect.

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