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(영문) 광주지방법원 순천지원 2013.04.11 2012고합537
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by a fine of KRW 10 million, Defendant C shall be punished by imprisonment for one year, and Defendant D shall be punished by a fine of KRW 1.

Reasons

Criminal facts

Defendant

A From January 1, 1998, from around 1, 1998 to the present date, A used the position of "President of I University" and "President of I University" as "President of I University" and "President of I University" before and after the change of name in 2010. The following is "President" without distinguishing before and after the change of name in convenience.

As a result, while in office, Defendant B took overall charge of the management of school affairs and the execution of school expenses. From January 3, 1998 to June 1, 2007, Defendant B, who was dismissed on February 28, 2006, was in office as the president of the JA (hereinafter referred to as “JA”) of the relevant educational foundation JA and was in charge of deliberation and resolution on important matters, such as settlement of accounts, appointment and dismissal of teaching staff, disciplinary action, acquisition of assets, etc. of I as an affiliated university. Defendant C, while in office as the Minister of Administrative Support, was in general in charge of the affairs of the administrative support team and the accounting personnel team, and Defendant D was in office as the head of the IB’s personnel management team, and was in charge of the affairs of the IG’s accounting personnel management.

1. Joint criminal conduct by Defendant A, C, and D;

(a) Revenues belonging to the accounts of school expenses, mainly composed of the enrollment fees of the occupational embezzlement student related to the disbursement of attorney fees, shall not be transferred or lent to other accounts, and the expenditure of the accounts of school expenses shall be used as expenses directly required for school education and shall not be used for any other purpose;

Nevertheless, while the Defendants brought a lawsuit on the appointment and dismissal of a teacher who is a party to the lawsuit, they did not have the funds to bear the costs of lawsuit in the JA, but did not bear the costs of lawsuit, such as attorney fees, from the account of the IB.

On May 10, 2006, while the Defendants conspired to keep school expenses for the victim I, the Defendants paid 3,300,000 won of school expenses under the name of attorney-at-law (K and L) in response to the request for a teacher's reexamination on May 10, 2006, as well as from around that time to August 23, 2012.

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