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(영문) 청주지방법원 2016.09.08 2015고단1706
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

The defendant, as a director of K of a school juristic person, was in office from November 2001 to December 201, 201, and was in office as the president of M&M university, and overall control over the affairs such as finance and administration of M&M university.

The accounts of a school juristic person shall be divided into the accounts of the school juristic person and the accounts of the school juristic person. Revenue or property belonging to the accounts of the school juristic person among the accounts of the school juristic person is strictly restricted, such as transfer to other accounts or impossibility of lending, except in cases of repayment of principal and interest on borrowings, etc.

1. Around October 13, 2008, the Defendant paid 34,430,000 won, under the pretext of attorney fees, from the time until February 28, 2014, to the law firm director that accepted the instant case, for the amount of KRW 5,50,00,000, in total, as shown in attached Table 1, from the time when the full-time lecturer N, who was dismissed on August 27, 2008, filed a petition fee for an appeal review with K of a school juristic person, which was brought to the Teachers’ Appeal Committee.

As a result, the Defendant embezzled KRW 34,430,00, which was in his occupational custody, and at the same time transferred KRW 24,530,00,00 from the private school’s school tuition account to another account.

2. Around December 2, 2011, the Defendant, along with the Plaintiff’s president P, directors Q, R, T, and U.S., decided to hold a funeral for the death of the Defendant’s father, and decided to spend the funeral expenses, etc. from the Defendant’s educational foundation MU’s accounts. Around December 27, 2011, the Defendant decided to pay KRW 48,849,400 under the name of the Defendant’s goods price, etc. related to the foregoing V, and KRW 93,210,00 under the name of publication of the newspaper on the 30th of the same month.

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