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(영문) 광주지방법원 2021.01.13 2020고단1599

업무상횡령

Text

Defendant

B The Defendant D shall be punished by fine of KRW 3,000,000, and fine of KRW 7,000,000, respectively.

Defendant

B and D, respectively.

Reasons

Punishment of the crime

Defendant

B On September 27, 2019, the Seoul District Court sentenced the two-year suspended sentence of imprisonment for a crime of causing injury or injury to the execution of special duties, etc., and decided on October 5, 2019.

Defendant

D, from February 17, 2015 to February 28, 2019, as the president of E (hereinafter referred to as “E”), he/she was in charge of all the affairs, including granting final approval for the execution of E budget, and Defendant C took charge of all the affairs, by assisting the president of E as the standing director during the above period. Defendant B took charge of all the affairs promoted by the general affairs division, including conducting interim review on the budget disbursed from E to the general affairs division during the above period. Defendant A, while serving as the general affairs division and the general affairs director, was in charge of all the affairs, such as wages for employees, event expenses, ordinary investigation expenses, and offering and withdrawing funds for operation of E during the above period.

Defendant

D was a director for 16 years from E, so it was aware that the annual budget for cultural event expenses of E was set at KRW 5 million and the annual budget for performing duties was set at KRW 10 million, and that there was a lack of budget than actually necessary.

Accordingly, around March 2015, the Defendant instructed Defendant C, Defendant B, and Defendant A, in the president of the E-U in Gwangju Northern-gu, Gwangju Northern-gu, to “the creation of funds that can be individually used for its members.”

1. Defendant A received orders from Defendant D to raise funds as above on March 4, 2015, and around around March 4, 2015, Defendant A prepared a false receipt and a false disbursement resolution on KRW 300,000 as to the purchase of coffee, and then withdrawn KRW 300,000 from the publicity expense account during the budget after obtaining the final approval from Defendant B and Defendant C through an interim review by Defendant C, and Defendant D personally delivered them.