Main Issues
A case where the director and the principal of a school juristic person recognize the transfer of school expenses, fostering fees, etc. to private funds as occupational embezzlement.
Summary of Judgment
A case where the director and the principal of a school juristic person recognize the transfer of school expenses, fostering fees, etc. to private funds as occupational embezzlement.
[Reference Provisions]
Article 356 of the Criminal Act
Escopics
Defendant 1 and one other
Text
Defendant 1 shall be punished by imprisonment with prison labor for two years and by imprisonment with prison labor for ten months.
The number of days under detention prior to the imposition of a sentence shall be 55 days, including the amount of the above sentence to the defendant Kim Ho.
However, the execution of each of the above types shall be suspended for two years from the date this judgment becomes final.
15,884,080 won shall be collected from the Defendants.
Criminal facts
Defendant 1, around September 1965, purchased a school juristic person (title omitted), a national school (title omitted), a (title omitted), a female middle school, and a female high school (title omitted) located in Eunpyeong-gu Seoul Metropolitan Government 8-3, a school juristic person (title omitted), and takes charge of the affairs of the school from that time to that time, taking charge of the affairs of the school, taking charge of the affairs of the school, taking charge of the affairs of the school. On the other hand, Defendant 1: (name omitted) a person entrusted by the principal of a female middle school with the authority to execute school expenses, etc. of a middle and high school; (name omitted) a person who prepares and executes the budget of the middle school and keeps cash belonging to the accounts, and (name omitted) a person who takes charge of the affairs of the private teaching institute's general affairs
1. Defendant 1:
A. During the period from February 12, 1982 to April 1, 1985, part of the school expenses in the occupational custody of the above (name omitted) will be arbitrarily withdrawn from the school expenses in the above (name omitted), and concealed in the separate personal account. Around 130 times before and after the entry in the list of crimes (name omitted), the school expenses, fostering fees, school expenses, and school expenses of female students, middle and high schools, and the school expenses, etc. of the same (name omitted), or the school expenses, etc. of the school expenses, etc. of the above (name omitted), a written resolution of expenditure shall be prepared with the receipts or false receipts, and the amount stated in the difference or false receipts shall be arbitrarily withdrawn, and the savings account (name 4295-02-79-079-80884 and 280-180-1884) of the previous branch account in the name of the non-indicted 3, a separate individual account, and the defendant deposited in the name of the former 301-1-2085-1-2808-1-1-208-1-208-1-1-208-1-1-208-1-1-208-1-1-208-1-1-201-1-1-201-2.
B. Notwithstanding the fact that Nonindicted 3 had not been employed as a nurse at the same place on March 26, 1982, and Nonindicted 3 had not been employed as a nurse at that female high school, a false document on the appointment and dismissal of that person was prepared and kept, and as a result, the name of the salary was voluntarily withdrawn KRW 227,663 from the personnel expenses among the school expenses in which the Defendant was in his duties, and then embezzled and embezzled in the savings deposit account at the Korea Housing and Commercial Bank (82-14545), which is a separate personal account, under the name of the above Nonindicted 3, a separate personal account, by inserting them from the amount of KRW 227,663,00,000, up to 40 times before and after the entry in the attached list of crimes (2).
C. At the same place on March 19, 1982, approximately 80 mars of warehouse buildings, which are the premises of a female high school, are pre-contracteded to lease KRW 500,000 per month rent to a publishing company located in Jongno-gu Seoul, Jongno-gu, Seoul, at the same place, KRW 409,320, and not appropriated it as the miscellaneous income of the school during the occupational storage, but deposited it in the separate personal secret unit in the name of the non-indicted 1 as described in the above paragraph (a) from that time until March 2, 1985, and embezzled KRW 17,395,872 in the aggregate of the monthly rent every 41 times before and after the entry in the list of crimes (3) in the attached Table (hereinafter referred to as the same manner as the above paragraph (a);
D. At the same place on June 4, 1982, a sum of KRW 68,505,412 of the donations was deposited in the bank account of Nonindicted Party 1, 2, and 4, etc., the separate individual account as described in the above paragraph (a) from the faculty members, etc., who were issued 2,570,000 won in the name of a new school curriculum for the school curriculum, and did not appropriate it as the normal income in the course of business. At the same place on the same day, it was embezzled by arbitrarily depositing them into the bank account of Nonindicted Party 1, 2, and 4, etc., the separate individual account in the same manner as described in the above paragraph (a) during the period between April 3, 1985, and then embezzlement them;
E. The Defendant, at the same place of February 25, 1982, arbitrarily withdraws 854,200 won, which is part of the profits accrued from the operation of the partnership, and embezzled 42 times from that time to February 28, 1985, in a separate personal unit from that of Non-Indicted 1 as stated in the foregoing paragraph, or in a manner of deposit in the separate personal unit or direct use for personal use at least 42 times before and after that time between February 28, 1985, and embezzled 54,354,362 won, of the profits of the partnership;
F. (Name omitted) Joint with Nonindicted 5, a national school principal:
In the same place on February 13, 1982, the executive officers, etc. of the Korean National School Promotion Committee shall not calculate the amount of KRW 7,783,80 as the normal income of the school, and shall not be calculated as the regular income of the school in the course of business, and shall not be calculated as the amount of KRW 7,783,80 as the donations of KRW 7,783,80 as the donations of KRW 35,675,645 as shown in the separate list of crimes (6) as shown in the above paragraph (a) from that time until April 1, 1985, embezzlement 206,69,599, such as embezzlement of KRW 35,675 by the same method as shown in the list of crimes (6) in the separate list of crimes.
2. Resolution that Defendant 1, Defendant 2, etc., who are studying in the United States and the United Kingdom, shall pay illegal foreign currency to the children of that Defendant 1 who are studying in the United States and the United Kingdom, together with others:
A. At around 21:00 on July 2, 1982, Nonindicted 6’s house located in Seongbuk-gu Seoul Jeongdong (number omitted), Nonindicted 6, who was a non-resident, paid 4,100,000 won each time to U.S. student Nonindicted 8 (the 27 years old, the 5,000 through 7,000 won each time during the same period between the day before and after December 9, 1984, to the non-resident Nonindicted 7 (the 55 years old, the 5,00 through 7,000 through 70,000 won each time, and to the non-indicted 10,000 won each time during the same period between the non-resident and the above non-resident, as in the attached list of crimes (the 7,00 through 7,000,000 won each time, and to the non-indicted 60 to the above non-indicted 40,000 won per event.
B. At around 11:00 on January 31, 1983, at around 11:00, 11:1:1,000, Nonindicted Party 11 (the 48-year old and the tension-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong Non-Indicted Party 11 (the 15-year old-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong) residing in the president of the Korean Foreign Language Research Institute located in the Jung-gu Seoul, Jung-gu-gu-gu, Seoul,
C. At around 23:00 on February 14, 1983, 200, 200 U.S. dollars 15,60,000 paid to the non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-indicted 9 (the non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident non-resident in the United States.
라. 1984.10.2.14:30경 서울 중구 태평로 2가 360-1 소재 엥도수에즈은행 서울지점 지점장실에서 공소외 13(56세, 서울 성북구 정능동 (지번 생략)호 거주)를 통하여 지점장인 거주자 레이베베가에게, 그날 그가 마합중국 보스턴시에 거주하는 유학생 공소외 8에게 지급할 미화 4,000불의 대상으로 금 3,427,000원을 지급하고,
(e)not based on the basic exchange and service fees determined by the Minister of Finance and Economy;
(1) On November 11, 1982, around 17:00, purchase US dollars 10,000 from the 8,230,000 won won from the 4th anniversary of the names and influences (influences of about 45 years of age) in the Handong branch's office located in Jongno-gu Seoul Jongnodong, Jongno-gu, Seoul.
(2) On the 15:00 of the same month, at the same place as the 17.15:00 of the same month, 824:1 U.S. dollars was purchased and traded respectively at the exchange rate of 11,000 U.S. dollars from the same marri at the same place.
1. Each statement that conforms to the facts stated in the court by the Defendants
1. Each protocol of examination of suspect as to the Defendants prepared by the public prosecutor, which corresponds to the facts indicated in the judgment;
1. Each statement made by the prosecutor with respect to Nonindicted 14, 15, 2, 16, 5, 17, 18, 19, 6, 11, 20, 13, 21, 22, and 23 of the written statement prepared by the prosecutor;
1. Entry of the results of seizure consistent with the facts in the records of seizure prepared by public prosecutor;
1. Each statement that conforms to the facts of the judgment in the investigation report (No. 182 book No. 1 of investigation records) prepared by the Prosecutor of the Military Prosecutors' Office and the investigation report prepared by the Prosecutor of the Military Prosecutors' Office No. 25 (No. 287 of investigation records)
1. A statement that conforms to the facts stated in the judgment among reports on exchange rates drawn up by the head of the International Finance Department of the Korea Exchange Bank;
1. Each existing evidence of seizure referred to in subparagraphs 1 through 16;
Application of Statutes
Defendant 1: Articles 356, 355 (Selection of Imprisonment), and 57 of the Criminal Act
Article 35(1), Article 22 subparag. 1, Article 5(4) of the Foreign Exchange Control Act, Article 30 of the Criminal Act.
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
(A) Aggravation of concurrent crimes with punishment as provided for in subparagraph (c) of Article 2 of the Judgment with severe penalty and nature of the crime
Article 62(1)
Article 36-2 of the Foreign Exchange Control Act
Judges Song Ji-sul