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(영문) 대전지방법원 2013.09.27 2012고단4627

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C Organization was established on March 1, 1990 for the purpose of awarding scholarships to students who resided in Chungcheongnam-gun D for at least one year, and the Defendant was the chief director of the said C Organization from February 21, 1992 to January 6, 2012.

Around May 16, 2008, the Defendant embezzled the C organization fund of 141,095,700 won, which was kept in the name of the Defendant and the Defendant’s wife, for the purpose of awarding scholarships at the community credit cooperatives located in the area of the Sinsan-gun, Chungcheongnam-gun, Chungcheongnam-do for the purpose of awarding scholarships.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecutor's protocol of interrogation of the defendant

1. Statement to E by the police;

1. The defendant and his defense counsel's assertion on the defendant's statement of the complaint, certificate of trust balance of deposit (investment) and defense counsel's argument that the defendant withdrawn the scholarship fund due to conflict of opinion with the officers of the C organization in relation to the subject matter of the scholarship, and transferred the scholarship fund to the accounts of the defendant and his family members, and did not have the intent of embezzlement for the defendant. However, in full view of the above evidence, the defendant's articles of incorporation stated that the subject matter of the scholarship payment pursuant to the C organization's articles of incorporation was the students who resided in the Da, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the subject matter of the scholarship payment, and the defendant attempted to change the subject matter of the scholarship. The defendant's objection was to arbitrarily neglected the intention of the C organization's officers after withdrawing the scholarship fund, transferred it to the account under the name of the defendant and the defendant's family members, and thereafter, the defendant repeated the entry and withdrawal between various accounts under the name of the defendant and the defendant's family members, disregarding the intent of the C organization's officers, and paid the scholarship to the defendant's.