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(영문) 서울중앙지방법원 2015.04.23 2014노5115
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact-finding Defendant’s payment of KRW 275 million from the accounts of school expenses is not the name of legal advice fees for prosecution investigation, such as the founders, founders, E, etc., but rather the name of legal advice fees to represent the school entrance in the prosecutor’s investigation related to the revocation of authorization for D University.

B. The Defendant executed the matters determined by the School Affairs Committee.

Therefore, the defendant's act is not a crime, and there is a justifiable reason for misunderstanding that the defendant's act is not a crime.

C. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (the fine of KRW 10 million) is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is reasonable to view that the Defendant spent KRW 275 million from the school expenses accounts as legal advice fees for attorneys-at-law in relation to the prosecution investigation on suspicion of corruption, such as E, who established the D University.

Therefore, we cannot accept this part of the defendant's assertion.

(1) After abutting on media reports by the OO, the Defendant opened a conference on the same day and discussed the appointment of an attorney-at-law. The said media reports purported that “In the process of obtaining authorization for transition from D University Foundation and High-ranking Arts Schools into regular junior colleges, the Defendant sent money and valuables to the relevant persons of the Ministry of Education in the process of obtaining authorization for conversion into regular junior colleges, and used money in the process of obtaining a deduction of public funds and raising funds to use funds for street purposes.”

(2) The Duniversity concluded each legal advice contract as follows.

① Law Firm G and advisory fees of KRW 55 million on March 9, 2012 (only Map 55,00,000,000,000,000) ② T and advisory fees of KRW 55,000 on March 9, 2012 (only Map 11,00,000,000,000,000,000,000 on March 9, 2012) ③ Attorney-at-law and advisory fees of KRW 11,00,00.

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