A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, as the president of a school foundation in Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “FFA”) and was in charge of the business of relocating H high schools located in Daegu-gun G (hereinafter referred to as “H high schools”) under the FAD from March 2009 to January 11, 2013.

[Basic Fact-finding] Around August 2010, in order to promote the establishment of specialized high schools in Daegu-gu in the first place of Daegu-gu, the FFK concluded a contract to purchase Daegu K (16,589 square meters) from N to KRW 1.5 billion from L in order to secure the expected site for the said school on November 30, 2010, and around December 16, 2010, M (11,901 square meters) with the deposit money owned by the said H high school, and paid the down payment for the said purchase contract with the deposit money owned by the said H high school as the source of the deposit money.

However, around January 25, 2011, the FFA notified by the Office of Education of Daegu Metropolitan City to the effect that “AFA will not acquire a site to be transferred in the name of the FFA before approval of the school location change plan, and that “AFA will not pay funds for the use of the school deposit as a down payment for the school site transfer,” and the Defendant first purchased the said land in the name of the corporation under the name of O (the representative P; hereinafter “O”) in which he/she was employed as a director, and then transferred the ownership of the FFA to the FFA after approval of the Office of Education.” The FFA concluded a “project implementation agreement for the relocation of a school” withO and concluded that theO secured the ownership of Daegu J, K, and M as an executor.

Meanwhile, around August 3, 2011, the Defendant submitted an application for approval for change of the location of a Hhigh school to the Superintendent of the Daegu Metropolitan Office of Education for the payment of KRW 7.5 billion of the purchase price of the site to be relocated, but it is reasonable for the Daegu Office of Education to use a financing plan for the purchase price of the site to be relocated to KRW 7.5 billion.