beta
(영문) 의정부지방법원 2013.10.15 2012고단2230

업무상횡령등

Text

Defendant

A Imprisonment for 10 months, each of the defendants B and C shall be punished by a fine of 3 million won.

Defendant

B and C, respectively.

Reasons

Punishment of the crime

1. Defendant A

A. From April 2005 to July 201, the Defendant: (a) was in charge of the revenue and expenditure of the prosperity conference as the president or the general secretary of the Victim F, a victim’s association in Gyeonggi-gun E; (b) was in charge of the revenue and expenditure of the said prosperity conference; (c) was deposited in the business for the said association the amount of funds owned by the prosperity conference from the funds received from the existing general manager and the office’s personnel expenses for the G market safety monitoring personnel; (d) the amount of the subsidies, the taxes collected from the street’s occupation, the joint toilet fee, office rent, and the office rent received from the office manager; and (e) was embezzled by arbitrarily using the Defendant’s activity or personal use as follows.

(1) Although the Defendant paid KRW 100,000 per month to H, I, etc. from April 2005 to September 2008, the Defendant prepared an accounting document as if he paid KRW 1.50,000 per month to H, I, etc., and embezzled by using the difference of KRW 2.1 million around that time.

(2) From the beginning of 2009 to the end of 2010, the Defendant joined the social insurance from the said prosperity conference as if the Defendant employed the Defendant, C, and B in terms of personnel expenses for the G market safety monitoring personnel, and then embezzled the amount of health care premium for the year 2,91,60 won, for the year 2009-2,91,600 won, for the year 2,738,800 won, for the national pension premium for the year 2009-5,065,200, for the year 2009, for the national pension premium for the year 4,486,350, for the employment insurance premium for the year 209-2,000, for the employment insurance premium for the year 749,310 won, for the year 209-209, for 664,290 won, for the year 2009-29,695,630 won.

(3) The Defendant, at the above conference on July 5, 2010, embezzled KRW 8 million for personal use, including KRW 2 million, KRW 3.5 million on October 20 of the same year, KRW 1.5 million on November 24 of the same year, and KRW 1 million on December 21 of the same year.

(4) On March 30, 201, the Defendant withdrawn KRW 10 million from the Agricultural Cooperative Account under the name of the Defendant, the FF Management Fund Account.