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(영문) 대전지방법원 천안지원 2013.05.08 2012고합327
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On November 30, 2011, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court for criminal fraud, etc., and the judgment became final and conclusive on May 24, 2012.

【Criminal Facts】

From February 2004 to January 201, 2010, the Defendant served as the principal of the E University (F.C. prior to the change) established and operated by the D. D. D. D. D. D. D., and has been in charge of the tasks of the said university in general, and has been engaged in the tasks of keeping and managing funds belonging to the accounts of school expenses.

From September 12, 2008 to October 1, 2008, the Defendant received KRW 252,082,50,000 from the above E University from 9,827 members including G, etc. who are part-time enrolleess of 2008 and from 9,827 members of G, etc. who are part-time enrolleess of 2008 in the name of the Defendant’s bank account (H) and kept it for business purposes. On October 13, 2008, the Defendant withdrawn KRW 250,000,000 out of the above enrollment fee and deposited it to the JJ in order to use it as the attorney’s fee for the criminal case of I who is his father, and then voluntarily used it for expenses, etc. around December 19, 2008.

Around January 8, 2009, the Defendant: (a) received KRW 207,764,500 from K, etc. 6,172, a part-time enrollees of the above university from K, etc., who was part-time enrollees of the pertinent university in the winter semester, under the name of the Defendant’s new bank account (L) under the name of the Defendant; and (b) voluntarily withdrawn KRW 190,000,000 from the transfer to the new bank account under the name of the Defendant and voluntarily used it or deposited it with J for expenses, etc. for I’s criminal case; (c) around March 3, 2009, the Defendant voluntarily withdrawn KRW 10,000,000 out of the above enrollment fee in the name of the Defendant (which is stated in the facts charged, but it appears to have been corrected as “N,” and then voluntarily withdrawn KRW 37,507,000 from the remainder of the enrollment fee in the name of the Defendant.

The defendant from March 11, 2009 to April 2009.

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