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(영문) 대구지방법원 김천지원 2015.01.15 2014고단1016

업무상횡령등

Text

[Defendant AX] The defendant shall be punished by a fine of five million won.

Where the above fine is not paid, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

[Basic Facts] Defendant AX’s wife established AB of a social welfare foundation around January 20, 198. AB of the said foundation changed its name to AC on March 5, 2008 and established additional AD facilities around October 2008, and around May 2010, Defendant A, a wife of the said foundation, was a person who had worked as the representative director of AC from May 2010 to February 2014.

R From January 20, 198, R served at AB, a facility for the disabled’s child care under AC, a representative director of AC, from May 8, 2010 to the head of AD’s facility, a welfare facility for the aged under AC, and from February 1, 201, from October 1, 201 to August 201, R served as the deputy head of AB’s living facility for the disabled under AC.

A came to know of Defendant BE, who runs the “BF” related to the manufacture of medical devices, rehabilitation equipment, and auxiliary devices for persons with disabilities, proposed that Defendant BE transfer the above “BF’s place of business to Gu and Defendant BE, and Defendant A directly run the above “BF” in its name.

Defendant BE complied with this, on October 21, 2010, moved the business place of “BF” to “BG” into “BF”, and A, on the ground that Defendant BE was the head of the inner name, actually operated the said “BF” from October 201 to January 201, 201.

A In order to pay monthly salary to Defendant BE, registered the wife of Defendant BE, who had a childcare teacher’s license, as a living rehabilitation teacher for the living facilities of the persons with disabilities, and received subsidies from the Gu and the Gu under the name of the Gu, for personnel expenses, from Defendant BE on October 25, 2010, and unilaterally notified Defendant B of the record of transfer of KRW 1,462,760 on October 25, 201 to the account under the name of the Gu and the Gu, for the monthly salary for the persons with disabilities, and unilaterally notified Defendant B of the record of transfer of the record of “BE” to Defendant BE on November 25, 2010. < Amended by Presidential Decree No. 22426, Dec. 1, 2010; Presidential Decree No. 22643, Dec. 24, 2010; Presidential Decree No. 23342, Feb. 2, 2011; Presidential Decree No. 22980, Feb. 21, 2011>