사립학교 교비 임의사용에 대한 형사책임

Abstract

This precedent found out that the arbitrary using of educational expenditure for private school founded by school corporate body was embezzlement. However, contrary it didn't in the case of the foreign school founded by individual, and it accepted only the infringement of private school law. According to this precedent, the arbitrary using itself is the realization of the intention of the illegal taking of possession. However, in the point of the existence of contradictive theories and precedents on the status of deposit keeper, it is possible to criticize this precedent owing to not considering on the keeper status of other’s property. And this precedent overlooked that the educational expenditure was able to be evaluated at the educational expenditure of school corporate body in the private school law, to acknowledge the crime of the private school law infringement in the case of the foreigner's school. In spite of, this precedent gave up the logical consistency, having find out that this educational expenditure was private ownership. And, if this foreigner's school can be evaluated at unincorporated foundation, this educational expenditure is able to be ownership of the foreigner's school as unincorporated foundation. In this point of view, the accused could be punished in embezzlement.