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(영문) 서울중앙지방법원 2015.03.19 2015고단316

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 21, 2013 to May 7, 2014, was the president of the Federation of the Korea Culture and Arts Bank B, who is the victim, to exercise overall control over, direct the business of the Federation, and engage in the business of managing and executing common funds.

Defendant,

1. Around April 19, 2013, KRW 16,809,246, which was carried over from the accounting of the previous year of the said federation, was deposited in the account under the name of the Defendant by the immediately preceding president C, and was kept in custody for the said federation. Around that time, KRW 16,509,246, out of the above money, is consumed for personal purposes, such as repayment of the Defendant’s debt, living expenses, etc.

2. Around November 2013, after being supplied with salted fish, etc. from “D” and being supplied with KRW 17,262,00 in sales to each branch church in the above B, the head of the society division of the above federation received KRW 17,262,00 from “D” and kept in custody for the above federation, while paying the above profits to D, the above profits are consumed for personal purposes, such as the Defendant’s repayment of debts, etc., at

3. Around March 2014, while receiving KRW 470,317 of the additional special account fund from F, a person in charge of accounting of the said federation, and keeping the said funds in custody on behalf of the said federation, the said funds should be deposited into the special account of the federation, however, at around that time, consumed the funds for personal purposes, such as the Defendant’s repayment of debts and living expenses.

4. Around April 2014, at the time of receiving KRW 2,236,00 from the above F to pay KRW 2,236,00 for goods such as missionary membership cards, liquids, etc. supplied by the G, while keeping the said money for business purposes of the said Federation, the said money is consumed for personal purposes, such as the Defendant’s repayment of debts, living expenses, etc. at the place in Seoul Metropolitan City around that time;

5. Around April 2014, KRW 3,300,000, which was supplied by “H”, was received from the said F and was kept in custody for the said Federation, while paying the said money to H.