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(영문) 서울중앙지방법원 2014.11.26 2014고정1686
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From November 1, 2011 to February 28, 2014, the Defendant, while serving as the president of D University, was engaged in the duties of overall control and determination of all financial and accounting management, including school expenses, and school affairs.

In the process of obtaining authorization for conversion into a regular junior college, the Defendant: (a) published a press report to the effect that “In the process of obtaining authorization for a two-year art school’s conversion into a regular junior college, the Defendant was suspected of delivering money and valuables to the relevant persons, etc. of the Ministry of Education; and (b) made it possible for the Defendant to pay legal advice fees to attorneys on prosecutorial investigation, such as suspicion of non-suspecting the above E, etc., as the school accounting consists of entrance fees, tuition fees, etc. collected from students, etc.; and (c) made it difficult for the Defendant to transfer or lend the same to other accounts; (d) however, the Defendant was willing to pay legal advice fees to attorneys on prosecutorial investigation.

The Defendant, at the D University Office located in Seoul, on March 9, 2012, embezzled KRW 275 million by arbitrarily using the same method four times from March 21, 2012, as indicated in the attached list of crimes, after entering into a legal advice agreement on the prosecution investigation, such as the process of obtaining authorization from H and D University attorneys at H and D University’s major university. On March 14, 2012, the Defendant embezzled KRW 55 million of the faculty members of the said University while on duty, by remitting it to the Agricultural Cooperative under the name of H.

2. The Defendant violated the Private School Act, at the time and place stated in the preceding paragraph, paid 275 million won as attorney fees for four times as stated in the preceding paragraph.

Accordingly, the Defendant transferred income belonging to the accounts of school expenses to other accounts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of interrogation of the defendant and I against the defendant and I

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