beta
Text
Defendant
A shall be punished by a fine of KRW 30,000,00, and by a fine of KRW 15,000,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
1. The defendant A is a general secretary of the victim educational foundation D, who exercises overall control over the affairs of finance, accounting, etc. of the above legal entity; E is an employee in charge of accounting of the F elementary school established and operated by the above educational foundation, who takes charge of the affairs of keeping and managing cash other than revenue and expenditure of the above
The defendant has operated a real estate development implementation project in an area to establish an international school jointly with a local school in the U.S. P. C. in the U.S.
G entered into a joint establishment, development and consultation agreement with an international school and pay activity cost of KRW 120 million to the said G. However, the said school foundation’s accounting with no money was willing to pay the above G with the retirement reserve specified as the purpose of paying retirement allowances for contract officers and employees in cash accounts other than the above elementary school revenues and expenditures.
On April 10, 2017, the Defendant phoneed to E from the French Bank Account (H) located in Seoul (hereinafter referred to as “Seoul”) and instructed “E to transfer KRW 120 million out of the retirement reserve accumulated in the cash account, other than the revenue and expenditure of the F elementary school account, to G’s new bank account,” and “E transferred KRW 120 million from the said elementary school name bank account (H) that was kept in custody for the victim on the same day according to the Defendant’s order.”
Accordingly, the defendant embezzled the property of the victim who was in custody in collusion with E.
2. Defendant B is the head of the F kindergarten in Seongbuk-gu Seoul High Court, who is in charge of the school affairs, budget, and accounting of the kindergarten, and Defendant B is required to submit a list of the current status of the F Kindergarten transactions from the above Inspector of the Seoul Metropolitan Office of Education from June 19, 2017 to June 30, 2017, while audited by K and L on the establishment and management of the said kindergarten.