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(영문) 광주지방법원 2012.02.22 2011고단5766

절도등

Text

Defendant

A Imprisonment for three years with prison labor for Defendant B, for two years with prison labor for Defendant B, and for Defendant C a fine of KRW 1,500,000.

Reasons

Punishment of the crime

Defendant

A serving as the Secretary General of the Court of Justice (hereinafter referred to as the “J”) from around December 2006, a person who has overall control over the affairs of the Secretariat, such as budget execution, administrative affairs, project implementation, etc., while working as the J Chairman from January 2006, Defendant B served as the Chairman of the Council from January 2, 2006, carried out all the matters determined by the board of directors and the board of representatives and carried out all the affairs including the accounts of the J, and Defendant C, as a professor of the K University, was registered as a prospective candidate for the LF education of the LF in the simultaneous local elections of national universities.

1. Crimes by conspiracy between Defendant A and Defendant B

A. On December 2, 2006, the Defendants of the embezzlement of KRW 2.60 million, including the Education Fund for the Vindication of Educational Authority, etc., excluded the money deposited under the name of J from the establishment of the Fund for the Vindication of Educational Authority and the Fund for the Purchase Deposit of 1/4 shares in the J Center owned by M in the name of “the Fund for the Protection of Educational Authority and the Fund for the Settlement of Educational Authority,” and had the said Fund arbitrarily withdrawn and used it.

Accordingly, at the office of the J Secretariat located in N around December 20, 2006, Defendant A withdrawn 60 million won in the name of “deposit money for purchase of shares M 1/4 out of the K Tho Lake Fund and the Main Center” from the J-based Gwangju Bank Account (O) and embezzled this by using Defendant jointly around that time to November 24, 2007 a total of 260 million won in each deposit account under the J-based name from around that time to November 24, 2007, as shown in attached Table 1.

B. The Defendants embezzled KRW 226,446,70, by taking advantage of the fact that the J did not receive audit of the membership fees to be remitted to P, the Defendants were free to withdraw money and use it for personal use.

Accordingly, Defendant A on February 25, 2010 the above J.