beta
(영문) 서울동부지방법원 2015.04.17 2015고정351

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from March 9, 2013 to May 21, 2014, served as the honorary chairperson of the “D Association” located in Gangdong-gu Seoul Metropolitan Government, and actually managed and operated this Association.

The Gyeonggi-do Sports Association shall receive subsidies from Gyeonggi-do each year and deliver part of them to the Association as expenses for the management and operation of Madice, and the use of Madice management and operation expenses paid by the Gyeonggi-do Sports Association to the Association is restricted, such as purchase of feed.

1. On April 26, 2013, the Defendant: (a) received KRW 24 million from the Gyeonggi-do Sports Association to the Agricultural Cooperative of the Association for deposit of KRW 24 million in the “2013 Mudio Management and Operation Expenses”; and (b) used KRW 3 million out of the above Mudio Management and Operation Expenses as the office rent and operating expenses of the Association around May 27, 2013 while keeping it for the Association.

From around that time to January 28, 2014, the Defendant embezzled a total of KRW 12 million on 11 occasions as indicated in the attached Table (1) by arbitrarily using office rents, E’s benefits, etc.

2. The Defendant had the intent to forge and submit evidentiary materials, such as tax invoices, etc., when filing a settlement report on the “expenses for the management and operation of the 2013 Mudio” delivered by the Gyeonggi-do Sports Association.

On December 2, 2013, the Defendant: (a) arbitrarily created and sealed a seal imprint certificate on the tax invoice stamped G in the Defendant’s residence located in Yeongdeungpo-gu, 102, 1702, and 1702; and (b) then forged four copies of the tax invoice as indicated in the attached Form, which is a private document for the rights and obligations, by stating “animals” in the item column, “24” in the quantity column, and “4,300,000 won in the supply value column”; and (c) forged four copies of the tax invoice as indicated in the attached Form, which is a private document for the rights and obligations, and may not be aware of such forgery on January 6, 2014. < Amended by Act No. 12217, May 15, 2013>