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1. The Defendant’s payment of KRW 68,842,00 to the Plaintiff on May 31, 2016, of the financial defective subsidy for the Plaintiff at KRW 68,842,00.
Reasons
1. Details of the disposition;
A. The Plaintiff established and operated C High Schools (hereinafter “B High Schools”) and D Middle Schools as educational foundations under the Private School Act, without distinguishing between B High Schools and B High Schools before and after the change.
B. On October 29, 2010, the Seoul Northern District Court (2010dan2467) issued a total of KRW 54,200,000 from the Seoul Northern District Court (2010Dadan2467) to the effect that “E received unjust solicitation from F, a facility construction business operator, to the effect that it would have ordered the construction of school facilities,” and that “E embezzled the total of KRW 31,30,000,000,000,000,000,000,000,000,000,000,000 won, in the course of business keeping corporate funds for the Plaintiff in custody on behalf of the Plaintiff at the B High Administrative Office, by means of including false or excessive payment and return of the difference between the corporate and the corporate property in the course of business.”
C. E appealed against the above judgment, and the prosecutor filed an application for modification of a bill of amendment with the content that the amount embezzled by E should be changed from KRW 31.3 million to KRW 27 million, and the appellate court accepted the application on July 22, 201, which recognized the conviction on July 22, 201, and sentenced 2 years of suspended execution, additional collection of KRW 54.2 million to October, 201.
(Seoul Northern District Court 2010No1746). E appealed to appeal, but on November 10, 201, the appeal was dismissed, which became final and conclusive as it is.
(Supreme Court Decision 201Do10723). D.
Meanwhile, Article 66(3) of the Plaintiff’s articles of incorporation was provided that general employees who were sentenced to a suspended sentence shall be retired ipso facto. However, the Plaintiff shall hold a disciplinary committee on February 23, 201, which is following the date when the amendment of the articles of incorporation was approved by the Defendant on February 22, 201, after the amendment of the articles of incorporation was made by eliminating the above provisions from the first instance court of the said criminal case on February 23, 201.