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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
Around October 30, 200, the Defendant established and operated F University (F), a lifelong educational establishment in the form of a cyber college under the Lifelong Education Act (hereinafter “School Foundation”) in order to establish and operate a F University (F), a lifelong educational establishment in the form of a cyber college under the Lifelong Education Act, and served as the president of the school foundation on January 9, 2014, until the Minister of Education revokes the approval of taking office from the president of the school foundation, and from April 8, 2010, the Defendant was appointed as the first president of H (H; hereinafter “H”).
The Defendant, while concurrently holding the position of the president and H of a school juristic person, took overall charge of the duties of the school juristic person and H. The Defendant, through major officers, including I (the third president from August 23, 2005 to December 29, 2013) who held office as the president of a FF university, such as planning and affairs of the FF university, has been in charge of the overall duties of the university, such as personnel affairs of the university and operation and management of school expenses.
On the other hand, on April 11, 201, the Defendant issued a summary order of KRW 5 million as a violation of the Private School Act on the ground that the Seoul Western District Court changed the use of KRW 2 billion as H’s capital without permission from the Ministry of Education, Science and Technology, and used KRW 764 million among them as H’s establishment expenses.
J Co., Ltd. (hereinafter “J”) was established for the purpose of producing e-learning content around March 23, 2009. Around March 23, 2009, the Defendant’s spouse is a special company with which the Defendant’s spouse is the representative director (president) and 100% controlling shareholders, the Defendant’s M is the representative of the Defendant’s children, the Defendant’s Chok (N’s first child) as the president. From February 2, 2009 to F University, the information system contract, including the provision of lecture content CP and the maintenance and management of the website, is exclusively an information system contract.