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(영문) 서울남부지방법원 2017.07.11 2015고단5427

업무상횡령등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative director of the “A” private teaching institute in Yangcheon-gu Seoul Metropolitan Government, from around October 2011 to October 2014, is a person who has been engaged in the overall operation of the said private teaching institute, fund management, fund execution, etc.

1. Around August 22, 2014, the Defendant embezzled the amount of KRW 6,738,00 in cash and check paid by the parents of D at a private teaching institute in the above victim “A” private teaching institute, which was kept in business, by ordering employees of the private teaching institute to receive the said amount from the Defendant’s account in the name of the Defendant, and used the said amount arbitrarily at that time. From August 22, 2013 to August 22, 2014, the Defendant embezzled the amount of KRW 44,510,000 in total, which was paid by eight parents, such as D, etc. for cash and check, on nine occasions, as shown in the list of crimes in the attached Table.

2. On February 17, 2013, the Defendant attempted to borrow KRW 8 million from the educational institute’s expense to cover KRW 5 million from the educational institute’s expense to KRW 5 million, and to cover KRW 3 million from the individual instructor’s individual fund while leasing for the use of the said subparagraph F of the building of Yangcheon-gu Seoul, Seoul as the lodging room for the instructors of the said educational institute. However, on March 2015, the Defendant attempted to collect KRW 8 million from the victim G, who is the saidF lessee, as if he/she had the right to claim the return of the lease deposit, demanding the return of the lease deposit and obtain KRW 8 million from the victim. However, the Defendant did not refuse the return and did not commit an attempted crime.

Summary of Evidence

1. Statement made by the witness H in the fourth public trial record;

1. Statement made by the witness I in the sixth public trial records;

1. Statement made by the witness G in the seventh public trial records;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. A protocol concerning the examination of perjury by the prosecution concerning G;

1. Statement made to the prosecutor by the J;

1. Statement made by the prosecution with regard to H (I);

1. Summary order;

1. Account details of private teaching institutes;

1. Lease contract (No. F of the E Building);

1. Details of cash payments;

1. A statement of H and I;

1. Recording (I - K Mo, L)

1. Details of the private teaching institute account (13.7.7-8.).