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(영문) 서울중앙지방법원 2015.07.16 2015고정1754

업무상횡령

Text

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

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

Reasons

Punishment of the crime

D as a director of the Victim Foundation E (hereinafter referred to as the “victim Foundation”), a person who actually operates the said Foundation and is engaged in the fund management affairs, and the Defendant is a director of the F Co., Ltd. (hereinafter referred to as the “F”), who is engaged in the business bank account (Account Number: G; hereinafter referred to as the “instant account”) in the name of the same Company and is engaged in the fund management affairs of the Company.

D Based on the fact that the victim's foundation manages the funds, as if he had the F of the management of the defendant, perform construction works in an amount equivalent to KRW 2.7 billion for residents' convenience facilities (excluding value-added tax), he prepared a false construction contract and transferred the construction price to F on this basis, and then received it back from the defendant, in order to embezzled the funds of the Foundation, requested the defendant to prepare a false contract and use a deposit account, and the defendant conspired with each other at the request of D.

D around June 20, 2012, using a false contract for construction work made in the name of the Victim Foundation and F, and then, as the construction cost for residents’ convenience, remitted KRW 297 million to the instant account in the name of F. The Defendant transferred the instant account to D on the same day, D embezzled KRW 30 million in the name of one bank account in its own name, KRW 257 million in the account of one bank in its own name, KRW 257 million in the account of one bank (Account Number: I), and KRW 10 million in the name of the wife, and KRW 297 million in the account of our bank (Account Number:K) in the name of the wife.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Statement by the prosecution concerning L;

1. Part of the second protocol of interrogation of the defendant against the defendant, part of the protocol of interrogation of the defendant's suspect against the defendant, part of the protocol of interrogation of the defendant's suspect against D, and each police interrogation protocol

1. Each police statement of L/D.