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(영문) 대전지방법원 2017.07.07 2017고정237
업무상횡령등
Text

Defendants shall be punished by each fine of KRW 1,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A has served as the president of a F University under the control of a school juristic person E from March 1, 2012 to February 25, 2015, and Defendant B has served as the president of a F University from March 1, 2015 to July 31, 2016, and is a person who has served as the representative of the president of a F University from March 1, 2015 to July 31, 2016, as the representative of each president or president, takes overall charge of administrative and accounting affairs of the said university.

The accounts of school expenses belonging to schools established and operated by a school foundation and accounts belonging to the affairs of the school foundation shall not be transferred or lent to other accounts, since such accounts are divided.

1. Defendants

A. On December 17, 2014, the Defendants conspired and embezzled the amount of KRW 3,300,000 won in the accounts of the above school foundation’s tuition fees to the law firm I, who was appointed as a defense counsel of the above school foundation, and transferred the revenue or property belonging to the school foundation to other accounts or substituted it, in the lawsuit of “Revocation of the Decision on Appeal Committee for Teachers,” which was brought against the Seoul Administrative Court by H, who is a professor of the department of public education and who was a professor of the department of public education at the above university, to the Seoul Administrative Court.

B. The Defendants conspired with the Defendants on February 3, 2015 at the said F University, which was the first professor of the said school.

J filed a lawsuit against the Cheongju District Court for the “verification of the invalidity of affiliation, etc.” with respect to the school juristic person E, decided to pay the said school juristic person’s attorney’s fees from the accounts of school expenses of the said university. On the 13th day of the same month, the said school juristic person paid KRW 3,300,000 to the law firm I who was appointed as a defense counsel of the said school juristic person for the purpose of embezzlement, and then transferred income or property belonging to the school expenses to other accounts or transferred it to other accounts.

2. Defendant B.

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