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(영문) 광주지방법원 2018.10.26 2018고정724
공익법인의설립ㆍ운영에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a scholarship program for the training of human resources, operator of B of an incorporated foundation B, the purpose of which is to subsidize living expenses for the heads of boys and girls, and deficit families.

1. Where a public-service corporation that donates fundamental property to an unauthorized public-service corporation intends to sell, donate, lease, exchange, change its use, or offer it as security, it shall obtain permission from the competent administrative agency;

Nevertheless, on May 30, 2014, the Defendant arbitrarily disposed of KRW 436,518,000, out of the deposit amount of KRW 500,000,000, which is the basic property of the Foundation B, at the office of the Incheon Metropolitan City Office of Education, the competent administrative agency, at the office of B located in Nam-gu, Nam-gu, Gwangju, Seoul, and upon receiving a notice from the Office of Education of Gwangju, the Defendant: (a) borrowed money from another person on August 30, 2015; and (b) borrowed money from another person; (c) on August 30, 2015, the Defendant was willing to withdraw the deposit amount of KRW 114,00,000, which is the basic property of the Foundation B; and (d) released the deposit amount of KRW 114,000,00,000, which is the basic property, without the permission of the competent administrative agency on August 7, 2015.

Accordingly, the defendant, without the permission of the competent administrative agency, increased the basic property of the authorized corporation to himself.

2. During the period from July 11, 2013 to October 1, 2013, the Defendant violated the corrective order: (a) concluded a lease agreement with each E Co., Ltd. on the first floor and the second floor of the building in Gwangju Nam-gu with the F Co., Ltd. at KRW 500,000 each month for the second floor of the same building; (b) did not use the monthly rent of KRW 1,50,000 for the scholarship business, which is its business purpose; and (c) did not comply with each corrective order issued by the Office of Education in the Gwangju Metropolitan City, the competent authority, for the purpose of the business, to use the proceeds for the business purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. G. G.

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