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(영문) 서울서부지방법원 2016.12.22 2016고단273
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, who was in office as the president of G University from March 1, 2012 to Seoul F, was dismissed by the Institute of Education and Human Institutes of G University around July 23, 2015, and was reinstated to the position of president on October 15, 2015 by the decision to revoke the dismissal of the Appeal Commission for Teachers on October 15, 2015.

In order to supervise and control the revenue and expenditure of school expenses accounting funds.

1. Revenues belonging to accounts of school expenses, among accounts belonging to schools established and operated by a private school foundation under the Private School Act and the Acts and subordinate statutes, concerning the appointment and dismissal of teachers and attorneys-at-law in labor relations, are strictly restricted in the use of such revenues for expenses directly required for school education, and are prohibited from transferring or lending to other accounts;

In addition, since a person who is authorized to appoint and dismiss workers belonging to private schools and an employer are school foundations that establish and operate private schools, it is necessary to pay attorney's fees to resolve labor-related disputes from the corporate account of the school foundation.

Nevertheless, around January 15, 2013, the Defendant disbursed KRW 3,300,000 as school expenses for the payment of honorary retirement allowances for professors of G College from that time to June 20, 2014, and embezzled KRW 112,463,00 as stated in the [Attachment List Nos. 1 to 26] from that time to June 20, 2014, the Defendant disbursed KRW 112,463,00 as the expenses for the appointment and dismissal of school personnel, and the expenses for the appointment and dismissal of the attorney-at-law in relation to the disposition related to labor relations, and simultaneously transferred the income belonging to school expenses to other accounts.

2. Although the revenues belonging to the accounts of school expenses, such as the portion of the attorney’s expenses incurred in the breach of trust related to the investment of real estate funds, are strictly limited to the use of the revenues that belong to the accounts of school expenses for the direct required expenses for school education, the Defendant around May 2, 2012.

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