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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On June 30, 2005, the Defendant, as the chief director of a school juristic person C&C, sold F land in KRW 45 million, which is a basic property for profit of the C&C, to E, and embezzled 45 million, which was received as the payment, in the course of the business custody of C&C for the purpose of C&A, while selling 45 million won as the payment for the debt redemption, etc. of E-friendly G.
In addition, from around that time to November 9, 201, the Defendant embezzled KRW 240,000,000,000, which was collected from selling the fundamental property for profit of CJ over 16 times in total, as indicated in the attached list of crimes, for the purpose of CJ, while the Defendant was in custody for the purpose of CJ, and used the said G and its debt redemption, etc. in mind.
2. Where an educational foundation in violation of the Private School Act intends to sell, donate, exchange, change the use of, offer as security, or waive any obligation or right, it shall obtain the permission of the competent agency;
Nevertheless, on December 28, 2010, the Defendant, without obtaining the above permission, sold the I land to J in 20 million won at the Defendant’s house located in H in the official city of the Republic of Korea, which is the basic property for profit of CK.
In addition, from around that time to November 9, 201, the Defendant sold the fundamental property for profit of the C Institute over a total of five times, as shown in [Attachment Table 12-16] Nos. 12 to 16, without permission from the competent authorities.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police against K;
1. A written accusation;
1. Application of statutes to the current status of selling of fundamental property for profit, a copy of each real estate sales contract, and a copy of each certificate;
1. Relevant provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, Articles 73 subparagraph 2 of the Private School Act, and Article 28 (1) of the Private School Act, the choice of imprisonment for a crime;
1. Sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.