The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of 2.9 million won.

The defendant above.

1. Summary of grounds for appeal;

A. The 69 piece of land in Gangwon-do, Gangwon-gun I (hereinafter “instant lot”) is a site for constructing D University students and D Institute (hereinafter “instant Training Institute”), which is training facilities of the D University students and the teaching staff members, and constitutes “facilities and equipment directly necessary for school education” as basic property for education.

Therefore, in order to acquire or preserve the site of this case, the costs of lawsuit, penalty surcharge, etc. incurred by the Defendant as stated in the facts charged of this case (hereinafter “instant costs of lawsuit, etc.”) shall be deemed to have been disbursed from the accounts of school expenses.

Even if it is not so, since the defendant's paying the litigation cost of this case is solely for the D University, it cannot be said that the defendant has an intention to obtain unlawful permission.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination of the misapprehension of the legal doctrine as to the assertion of misapprehension of the legal doctrine. Article 13(2) of the Enforcement Decree of the Private School Act, which provides for matters concerning the expenditure of the accounts for school expenses upon delegation of Article 29(2) of the Private School Act, shall be determined based on whether the expenses for personnel expenses and expenses for goods necessary for school operation (Article 13(2) of the Enforcement Decree of the same Act), expenses for facilities and equipment directly necessary for school education (Article 2(2) (Article 2); expenses for research of school teachers; scholarships for students; education and guidance expenses (Article 3); repayment of principal and interest on loans under Article 1(1)8 (Article 4); and other expenses directly necessary for school education (Article 5 as the expenditure of the accounts for school expenses. Accordingly, whether the expenses from the income belonging to the accounts for school expenses constitute the expenditure of school expenses.

In addition, Article 29 (6) of the Private School Act provides that income belonging to the accounts of school expenses of a corporation shall not be transferred or lent to other accounts, and the use of income belonging to the accounts of school expenses shall be made.