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(영문) 광주고등법원 2013.08.29 2013노216
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

The part of conviction against Defendant A and B (including the part of acquittal in the reason) shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Progress of the lower court

A. A prosecutor: (1) in the accounts of school expenses, he/she pays the above amount of KRW 100 million in total for the cost of attorney-at-law in a lawsuit for appointment and dismissal of a teacher who is a party to a school foundation; (2) purchases art products not directly required for school education by the International University (hereinafter “I”); (3) pays the above amount of KRW 6,57,541,610 in total from the accounts of school expenses for the purchase of art products for other purposes than direct expenses for school education; and (3) sells the above amount of art works and materials, which are one’s property, to the purchaser for KRW 80 million; and (50 million in total, the remaining amount of KRW 30 million has been remitted to the accounts of the JA; and (5) has been embezzled to the public prosecutor’s arbitrary dismissal of the amount of KRW 300,000 in total by means of donation to the accounts of the JA; and (4) has made a request for disciplinary resolution to the disciplinary committee to discharge the above amount of KRW 300,700.

Defendant A, B, C, D, and C are guilty of occupational embezzlement, i.e., occupational embezzlement, C, D, and B related to the payment of attorney's expenses, and B is guilty of not guilty 2, A, and C related to the sale of art works related to the purchase of art works, and C's occupational embezzlement, and C's conviction 4.

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