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(영문) 대구지방법원 서부지원 2015.12.24 2015고합46
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

10,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Personal Relationship with Defendant, etc.] From February 1998 to August 2008, the Defendant was a staff member of D Middle Schools and D High Schools in Daegu-gu C, and from September 2008 to August 2014, the Defendant was a director of the Educational Foundation E-Foundation in the same place (hereinafter “E Foundation”) and was engaged in the overall management of the Foundation.

F had been engaged in H duties, etc. from January 1, 2012 to June 30, 2013, when the Daegu Suwon-dong 2 works as a local educational administrative officer belonging to the Daegu Metropolitan Office of Education G and a local educational administrative officer belonging to the Daegu Metropolitan City Office of Education in 119-2.

[The background of criminal conduct] The Office of Education of Daegu Metropolitan City from around 2003 to the Board of Audit and Inspection, etc. pointed out to the effect that “the level of financial independence is enhanced by efficiently managing the fundamental properties of the private schools in Daegu Metropolitan City,” the Office of Education examined the basic properties of 40 school foundations in Daegu Metropolitan City from March 2012 to July 2012, and prepared a scheme to enable school foundations to convert the basic properties for educational purposes into the basic properties for profit-making purposes or diversify the operating methods of the basic properties for profit-making purposes.

As a result of the inspection of basic property of the E Foundation, F, who is in charge of the office of education of Daegu Metropolitan City, confirmed that the E Foundation has basic property for education of 45,210 square meters exceeding 17,640 square meters (27,570 square meters) of basic property for education to be secured by the E Foundation, and suggested that the Defendant improve the profitability of the school foundation by changing part of basic property for education of the E Foundation as basic property for profit.

On November 2012, the Defendant changed the title to the Office of Education of the Daegu-gu Office of Education of the Daegu-gu Office of Education of the Foundation to the use of "the land of this case" for profit-making basic property, and newly constructed a building with the provision of the land as security to the bank, and then it has 40 years or more.

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