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(영문) 의정부지방법원 2015.02.06 2014고단3145

업무상횡령등

Text

Defendant

A Imprisonment with prison labor of one year and four months, and each of the defendants B and C shall be punished by imprisonment with prison labor of ten months.

However, with respect to Defendant B.

Reasons

Punishment of the crime

Defendant

A shall serve as the secretary general from March 2007 to March 2014 as the Gangnam-gu Seoul Metropolitan Government Corporation L (hereinafter referred to as “L”) located in Gangnam-gu, and shall be in charge of the operation of the Association, the management of funds, the selection of companies participating in L hosting events and the determination of service costs. Defendant C shall serve as the head of the N (N) Secretariat of Mapo-gu, Seoul Mapo-gu, and Defendant C shall serve as the head of the N (N) Secretariat of the N (N). Defendant B shall be a representative director of Q P Co., Ltd. in Mapo-gu, Seoul, and a person who actually operates Q in Dongjak-gu, Seoul.

"2014 Highest 3145"

1. Occupational embezzlement by Defendant A;

A. From January 4, 2010 to January 3, 2010, the Defendant submitted a document of evidence of false disbursement equivalent to KRW 231,000 in total to female employees S from January 2, 2010 to January 3, 2010, and used KRW 500,000,000 in operating expenses of the Association deposited for business purposes after being transferred to the Defendant’s bank account as the Defendant’s amount, and embezzled it by arbitrarily consuming KRW 114,123,556 in total from Seoul, etc. to December 31, 2013, as indicated in the attached list of crimes.

B. On September 29, 2010, the Defendant: (a) transferred KRW 15 million to the victim LN under the pretext of L Spon; (b) was in the occupational custody of the victim for the victim; and (c) was then embezzled by consuming it to the Defendant’s wife’s account in Seoul, etc. at that time; and (d) was used as the Defendant’s educational institute expenses.

2. Property in breach of trust by Defendant A;

A. A. Around September 2012, the Defendant: (a) asked Defendant to select “T” from Defendant B as an event proceeding company in 2012; and (b) thereafter, can be selected as an event proceeding company to be newly held by the foregoing Association.