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(영문) 서울중앙지방법원 2014.10.10 2013고단6179
횡령
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 2004, the Defendant decided to establish and operate an IAH in Seoul Special Metropolitan City, Gwanak-gu, along with victims E, F, and G, who have been living as an instructor for several years due to the sudden treatment of complaints while serving as the Deputy Director of the DAH.

They did not have funds necessary for the establishment of a private teaching institute. First of all, they decided to lend funds necessary for the establishment of a private teaching institute by the Defendant, who had a high number of academic experience and has contributed to the establishment of a private teaching institute, and include the tuition fees in the amount of investment instead of receiving tuition fees for six months to one year. The Defendant was in charge of the overall operation and financial management of the private teaching institute, and the victims were in charge of the overall operation and financial management of the private teaching institute, and operated a school in a way that the victims are in charge of the actual functions of the private teaching institute, such as the management of students and parents, the establishment

As above, it was confirmed that the victims have the right to receive 58% of the profits, 12% of the profits, 12% of the profits, 12% of the profits, and 12% of the profits of the victim F are allocated respectively, when the defendant, who invested more funds, was not in an atmosphere to refeasiblely talk about the relationship of profit distribution for the operation of a private teaching institute due to the circumstances exclusively in charge of the financial management of the private teaching institute.

However, in order to secure the growth value of a private teaching institute, which is gradually growing in size and to promote more stable operation, following the growth of the private teaching institute and the additional establishment of affiliated private teaching institutes, the Defendant merges with the K representative director of the J on December 13, 2007 on the condition that the JJ pays not less than one billion won in cash and not less than 6% of the shares of the JJ to the Defendant.

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