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(영문) 서울중앙지방법원 2017.09.15 2017고합512
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant is a person who is working as a director of the Foundation C (the current school juristic person D University, hereinafter referred to as the “instant foundation”) and actually has overall control over the operation of the instant foundation and the execution of funds at D University.

The Defendant, in collusion with G in charge of operating a profit-making business of the Foundation E, director F, and the Foundation corporation, in which it was the chief director of the Foundation corporation of the instant case, received money from D University for a purpose unrelated to the purpose of education, on the ground that it actually manages tuition fees, tuition fees, etc. of D University comprised of students while operating the Foundation of this case.

On June 19, 2007, the Defendant transferred KRW 300 million to the Saemaul Savings Depository (K) account in the name of D University in the name of J University at the office of the Foundation and the office of D University in Jongno-gu Seoul, Jongno-gu, Seoul, to the K University Educational Account (I). On June 21, 2007, the Defendant transferred KRW 42 million out of that to the F bank account in the name of F, and used it for purposes unrelated to the purpose of education, such as investing in the operation of the Internet Private Hors.

In addition, the Defendant had been holding in the above bank account, which was the management account in the name of D University from June 21, 2007 to January 7, 2010.

D University’s school expenses were transferred to K and M, and thereafter, KRW 6,813,181,984 via F’s new bank account (L, N,O), the national bank account in the name of P, the wife of G, the national bank account in the name of R, the creditor of R, and T, the national bank account in the name of E, and the national bank account in the name of T, the creditor of E, a partial amount was disbursed in cash. At that time, the amount was transferred to the private horse race track operation funds, debt repayment, real estate purchase-related funds, business funds, etc. operated by the Defendant, etc.

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