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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles did not instruct or approve the Defendant’s payment of the attorney’s fees in the accounts of the school expenses, and the actual disbursement of the attorney’s fees in this case was processed by the person in charge of practical affairs through consultation with other employees. Thus, the Defendant did not in collusion with other employees to embezzled the school expenses of the school foundation of the victim or transfer the income belonging to the accounts of the school expenses to other accounts.
B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The summary of the instant facts charged is that the Defendant, from May 2015 to the present date, is the president of D who is established and operated by the victim educational foundation D in Seoul, and is in charge of personnel affairs, administration, and accounting of the said school.
Revenues belonging to the accounts of a private school established and operated by a school foundation shall not be transferred or lent to other accounts, and the expenditures of the accounts of school expenses shall be used as expenses directly necessary for school education, and shall not be used for any other purpose.
Nevertheless, at around 04:25 on March 17, 2016, the Defendant posted a letter to the G account of “F” (H) that “F” as the president at the K hotel point meeting of the general director of the I Religious Organization, L has been written with four presidents, and L has given a large amount of money to J, and L has given J a Sksky gift.” At around 09:30 on March 17, 2016, the Defendant posted a letter to the president office of the above school that “the Minister of Planning, the Vice-president, N, P, the Vice-President, Q, the Planning Secretary, the Minister of Foreign Cooperation, the Minister of Research, the Secretary, the Secretary, the Secretary, the Secretary, the Secretary, the Secretary, the Information General, the International Information Bureau, the student head, the student head, and the student head, the head of the AY and the head of the EM 1, 201, and the Minister of Foreign Affairs.