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(영문) 의정부지방법원 2016.02.04 2015고합135
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B A served as the president of school juristic person E from around 1984 to January 2013, 2013, and was engaged in the business of managing the finance, etc. of E-affiliated F High Schools established around March 2003. Defendant B’s children, who served as the principal of F High Schools from around March 2003, while performing the overall business of F High Schools.

The Defendants conspired in collusion with the F High School located in Gu around March 3, 2008, and embezzled F High School’s tuition fees paid by FF high school students and subsidies granted by the Office of Education for the purpose of providing meals and school expenses. Defendant A voluntarily withdrawn them according to the direction of Defendant B and used them for the purpose of repaying Defendant B’s personal obligations, and then, Defendant B arbitrarily embezzled them by using KRW 621,229,334, as shown in the list of crimes in the annexed list of crimes, from October 5, 2010 until October 5, 2010.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Statement made by the prosecution with regard to H;

1. A written accusation of I;

1. A copy of a certificate of scheduled appointment of the principal of a school, a copy of an application for approval of the appointment of the principal of a school, a copy of the personnel record card of a school, minutes of board of directors, copies of teachers' qualification certificates, F High School's certificate, details of unauthorized withdrawal and collection of accounts of a school, a statement of F High School's unauthorized withdrawal, a copy of the notice of holding the second board of directors' meeting in 2010, submission of H data, a letter of request for cooperation in investigation, and application

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (wholly amended by Act No. 11304, Feb. 10, 2012); Articles 356 and 355(1) of the Criminal Act; Article 30 of the Criminal Act ( comprehensively included) concerning the crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria (the recommended punishment); and

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