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(영문) 인천지방법원 2015.08.27 2015고정891
업무상배임
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From July 9, 2008, the Defendant works as the president of the school juristic person D who operates C Universities, etc. under the control of C Universities, etc., and is a person in charge of overall school affairs, who works as the president of C Universities, from March 1, 2009 to February 29, 2012, and controls overall school affairs. The Defendant, among E and the directors or auditors of the juristic person, has duties to faithfully make efforts for the interest of the maximum school juristic person to the extent that it does not violate the provisions of relevant Acts and subordinate statutes, such as the Private School Act and the articles of incorporation of the juristic person, which provide that the Defendant shall not be able to pay all remuneration to the juristic person except for full-time employees, and shall not provide all financial support to the juristic person, unless it is difficult for the Defendant to live together

Nevertheless, the Defendant, at G located in Gangnam-gu Seoul on February 20, 2009 in Gangnam-gu, proposed that the above school juristic person’s president be replaced by the director H, I, J, K, L, M, Audit N, etc., and the 104th board of directors of the above school juristic person held in the presence of the directors, H, K, L, M, Audit N, and decided that the denial thereof and the O, who was the principal of C, was prepared to go against the school in 199, as a result of the appointment of the new principal, because there are many difficulties for the school in terms of the 199 school, and that the former president of C, who was the principal of the University, would return to the honorary principal after the enactment of the relevant regulations to the board of directors.

After that, on March 23, 2009, E enacted the "Rules concerning Honorary General" in accordance with the above resolution, and the Defendant and E andO respectively in the name of university development expenses from March 2010 to November 201, 2010, in aggregate of KRW 3,000,000 per month and KRW 27,00,000 per month in the name of university development expenses.

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