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The judgment below
The part against the defendant (including the part not guilty) shall be reversed.
Defendant shall be punished by imprisonment for a period of two years and six months.
Reasons
1. Progress of trial and scope of trial of party members; and
A. The lower court held that ① embezzlement of KRW 9.3 billion was committed by the Defendant in collusion with B; ② embezzlement of KRW 26.3 billion and violation of the Private School Act as to KRW 13.7 billion among the embezzlement of KRW 26.3 billion; ③ transfer proceeds of Vhigh School (hereinafter “instant transfer proceeds”).
2) The point of embezzlement of KRW 2.5 billion (hereinafter referred to as “the point or part at the market”) is “the point or part at the market” in accordance with each number.
The Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "Special Economic Crimes Act") shall be applied to all convictions.
Article 3 (1) 1 of the Act No. 2 of the Act No. 2 of the Act No. 2 of the Act No. 1
(a) through (e);
No. 2-B, D, of the decision of the court below, there is no evidence that the amount of profit is five billion won or more, and there is no evidence that the amount of profit is five billion won or more.
The Court rendered a not guilty verdict on each of the crimes.
2) The part concerning embezzlement of KRW 6.3 billion in the judgment of the court below and the part concerning embezzlement of KRW 2.1 billion in the judgment of the court below and violation of the Private School Act of February 29, 2008 (hereinafter “section 2-d. of the judgment of the court below”).
(3) The judgment of the court prior to the remanding of the case is reversed in entirety the judgment of the court below against the defendant (including the part of the reasons for acquittal) and No. 2-D of the judgment of the court below.
The part not guilty and the remaining part was found guilty.
(The part of innocence was reversed together, but the lower court’s conclusion of innocence was maintained). Accordingly, the Defendant appealed only to the third part of the judgment prior to the remanding of the case and filed an appeal, but the prosecutor did not file an appeal against the said part of innocence.
4. The Supreme Court has interpreted the legal act in the final decision of the parties to the contract of transferring the right of school operation in the third part of the judgment of the party prior to the return.