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(영문) 춘천지방법원 속초지원 2017.09.20 2016고단429

업무상횡령등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of eight months.

except that from the date of this judgment.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment with prison labor for one year and six months and two years of suspended execution for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court on November 15, 2016, and the said judgment became final and conclusive on the 23th of the same month.

[2] Defendant A is the president of a social welfare foundation E, a sanatorium for the disabled in Gangwon-do, and Defendant B is the person who served as the head of the above secretariat, respectively.

1. Defendant A

A. (1) From May 1, 2003, the Defendant was engaged in the overall management of the accounting, personnel affairs, and facility management of the Foundation as the president of the victim E (hereinafter “victim Foundation”) from May 1, 2003.

The Defendant, while having been in the custody of the account that manages four-time insurance premiums, national pension, etc. of employees of the Victim Foundation on behalf of the Victim Foundation, ordered employees F to withdraw KRW 1,000,000,000, which is contained in the said passbook account (G omitted) around January 25, 2008. The Defendant collected the said money from the said F, and then embezzled the said money for personal use from around November 4, 2015, by withdrawing 104 times in total from that time until November 4, 2015, such as voluntary consumption of the said money for personal use, etc. < Amended by Presidential Decree No. 284, Feb. 282, 2070>

(2) The Defendant, while receiving two copies of a credit card (H omitted) in the name of the victim foundation for the use of a corporate credit card without permission by the victim foundation as necessary in relation to the operation of the foundation, embezzled KRW 1,150,000 for personal use from the I amusement station not related to the operation of the foundation on November 24, 201, and embezzled KRW 4,601 for personal use from January 20, 201 to October 13, 2015, as shown in the attached Table 2, the Defendant embezzled KRW 4,601,880 for personal use.

(3) The Defendant’s unauthorized withdrawal of deposits with persons with disabilities residing therein is the foregoing E.