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(영문) 광주지방법원 순천지원 2014.01.22 2013고정761

횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C has served as the president of the D Association since 2007, and the defendant has served as the vice president of the D Association in 2008.

D The Association was in charge of the 19th presidential E, which was held in Gangwon-gun for 11 days from June 10, 2008 to June 20, 2008, and was granted 70 million won as a subsidy for event, from the Gangwon-gun.

Since the above event subsidy is a subsidy granted by the Gangwon-gun to the Association for the above competition, it shall be used for the event of the above competition according to its purpose and shall not be used for any other purpose.

As above, while the Defendant and C received a subsidy of KRW 70 million from the Jinjin-gun and kept in custody for the victim's Gangwon-do Armed Forces, the Defendant and C intended to use the subsidy for the Association's operating expenses or for personal purposes by executing the above subsidy and receiving a refund of the difference.

On May 21, 2008, the Defendant produced and purchased a competition campaign guide, etc. from G operating F, and, even if the value is merely 4.6 million won, remitted the amount to the account in the above G name as if he purchased the amount of KRW 5.6 million to the account in the above G name, and then embezzled the difference of KRW 1 million, which is the difference of the same day, by voluntarily consuming it to the account in the name of the Defendant, while managing it by returning it to the account in the name of the Defendant.

As a result, the Defendant and C conspired with each other from June 23, 2008, thereby raising a total of 1,5250,000 won, such as the attached list 1, from around that time to June 23, 2008, and embezzled by voluntary consumption of D Association operating expenses or C’s business funds, unlike the use of the above event support fund.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of H (including the accused, C, and I substitute part) by the prosecution;

1. Each police statement made to J, K, L, G, M, and N;

1. An operator of the report of investigation; and