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(영문) 수원지방법원 성남지원 2017.11.30 2017고단1766
업무상횡령등
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

[Basic facts] Defendant A, from June 2005 to early 2006, from October 2006 to December 1, 2009, held office as the president of school foundation G, the president of school foundation H from December 2009 to March 1, 2012, and the president of school foundation H from March 2, 2012 to March 2, 201, respectively; Defendant B, from August 2, 2000 to March 1, 2012, has overall control over the above school foundation’s duties; and Defendant B, as the president of JJ from March 2, 200 to March 1, 2012, has been in office as the president of K from March 2, 201 to December 1, 201.

A school foundation established and operated L and J, and established L and J as a whole on March 2007, and changed L and J to H around December 2009, and changed to school foundation H from March 2, 2012, changed to school foundation I and changed to K.

[Specific criminal facts] The income or property belonging to the accounts of the private school established and operated by the school foundation shall not be transferred or lent to other accounts, and the expenditure of the accounts of school expenses shall be used as expenses directly required for school education, and shall not be used for any other purpose.

Nevertheless, the Defendants conspired to appoint law firms as attorneys at the appellate court (Seoul High Court Decision 2008Na 34530) in relation to the action, such as the implementation of the teaching reappointment procedure filed by N who was refused to be reappointed from G of a school foundation around February 28, 1995, while appointing law firms as attorneys at the appellate court (Seoul High Court Decision 2008Na 34530), and remitting KRW 1,100,000 from the funds of the J’s school expenses kept in the business for G of the victim school foundation to the accounts of law firms, from March 25, 2008 to March 198, 200, Defendant A was appointed as full-time instructors at L of L of a law firm around October 1991, and was appointed as full-time lecturers at L of a school foundation at around February 28, 1995; Defendant A transferred KRW 1,100,000 from the funds of the J’s school expenses kept in the business for G of the victim.

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