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(영문) 대구지방법원 2013.11.07 2013고단4279
업무상횡령등
Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

AD University under C, a private school foundation, (hereinafter referred to as "D University") was dispatched a temporary director in the Ministry of Education on the grounds of disputes in schools around February 1994, and around April 12, 2006, it was classified as a temporary director-off school juristic person. Since November 18, 2010, deliberation on the plan for normalization of D University was commenced by the Committee for Mediation of Private School Disputes under the Ministry of Education, Science and Technology from November 18, 2010.

(hereinafter “D University Normalization Process”. Meanwhile, from November 1, 2009, the Defendant served as the president of the D University from November 1, 2009 to the date, and was engaged in the overall management of the overall operation of the D University, including the keeping, management, and execution of the D University’s budget. In the process of normalization of the said D University, conflicts arose between the previous foundation’s side (a founder of the D University and E’s wifeF and female, etc.) and the selection of directors, etc., the Defendant was willing to pay the attorney’s fees in the D University Educational Expense Accounting to obtain legal advice on the process of normalization of the said D University.

1. The income that belongs to the accounts of the private school's sole crime of the defendant is strictly restricted, such as the defendant's transfer to other accounts or the lending of the income is impossible;

Nevertheless, on April 16, 2010, the Defendant paid 22,000,000 won to Law Firm I from the accounts of D University under the pretext of legal advice for the process of normalization of D University at H University in Busan Special Metropolitan City on April 16, 2010, and continued to pay 16,095,200 won to Law Firm J under the same name on the 19th day of the same month.

7. On April 12, 201, a legal advisory fee of KRW 33,00,000 to J-law, KRW 110,00,00 to J-law firm under the same pretext as of April 12, 201, and KRW 22,00,000 to J-law firm under the same name as of April 15, 201, was paid to Law Firm I for total amount of KRW 203,095,20.

As a result, the Defendant embezzled KRW 203,095,200, which was in his occupational custody, as well as the income belonging to the school tuition account of a private school.

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