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(영문) 대구지방법원 2013.05.08 2013고정213
업무상횡령
Text

Defendant

A shall be punished by a fine of KRW 6 million, and Defendant B shall be punished by a fine of KRW 9 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B On January 13, 2012, the Daegu District Court rendered a declaration of suspension of sentence for one year of imprisonment with labor for violating the Act on the Budgeting and Management of Subsidies, etc. on January 21, 2012.

Defendant

A, from November 23, 2005 to April 5, 2010, with the president of the pertinent school juristic person having overall control over the affairs of the said school juristic person as the president of the D University, and Defendant B, from April 1, 2006 to March 31, 2010, was in office as the director of the pertinent school juristic person D University and the president of D University, and took overall charge of the affairs concerning the management of school affairs and the execution of school expenses.

1. The Defendants’ income from the accounts of the school expenses of the private university is strictly restricted not to be used for purposes other than those directly necessary for the education of the private university in question.

Defendant

A around March 2009, around the above university professors' application for remedy for unfair labor practice, etc., requested Defendant B to pay advisory fees from the school expenses accounts. Defendant B accepted the request and transferred KRW 500,000,000,00 which is kept in business to Labor Law E for advisory fees on March 12, 2009.

As such, the Defendants conspired from that time until March 18, 2010, and embezzled KRW 133,363,500, total amount of money kept in the accounts of school expenses over 29 times, such as the attached Table 1, from that time, by the said school juristic person, and embezzled it as attorney fees for the case of demanding revocation of ex officio dismissal filed by the said school juristic person against the said school juristic person.

2. The income from the accounts of the private university of Defendant B’s sole criminal administration is strictly restricted so that it may not be used for other purposes than those directly necessary for the education of the private university in question.

The defendant, around December 3, 2008, at the above D University Office located in Daegu-gu, Daegu-gu, the above D University Faculty G, etc. in the above D University Office, the defendant and the above D Institute founder H and the chief director, shall be in breach of trust in business.

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