A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

From November 1, 2007 to December 7, 2010, the Defendant was in office as the director in charge of accounting of the victim C University under the victim B’s educational foundation, and was a person in charge of the administration of funds, such as entrance and exit of the university, the director in charge of accounting settlement, and the director in charge of financial difficulties due to the expenses of the attached hospital, etc., and was willing to withdraw school funds kept by the Defendant by unlawful means and use them.

On October 29, 2010, the Defendant, at the Cuniversity accounting department and office located in Gwangju-si, prepared a false relevant disbursement document as if the request for a disbursement resolution, transfer agency, and deposit request were made by another department and obtained internal approval, and had the president E affix his/her seal without knowledge of the fact.

On the same day, the Defendant, using a written request for transfer agency and a written request for deposit with the approval as above, transferred 38,500,000 won and 145,60,000 won in the name of the Defendant’s agricultural bank account and the Defendant’s wife F bank account in the name of the Defendant, respectively, and embezzled 250,000,000 won in cash by voluntarily consuming for living expenses and personal debt repayment around that time.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement made to G, H and I;

3. A disposition as a result of a comprehensive audit.

4. Request for transfer agency business, details of account transactions, and application of Acts and subordinate statutes on transfer certificates;

1. Relevant Articles 356 and 355(1) of the Criminal Act regarding criminal facts, and the amount of damage caused by the reason for sentencing choice of imprisonment exceeds 250 million won, among which, the amount of KRW 150 million has not been recovered, and when considering the circumstances unfavorable to the Defendant, such as the fact that the Defendant’s criminal charge of embezzlement is likely to disrupt school interest and threaten school interest, the Defendant has no other criminal records other than one prior to the instant fine, and is recognized and against the offense.