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(영문) 수원지방법원 안산지원 2018.11.28 2018고단3569

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

① The Defendant was engaged in the duties of budget and expenditure in the “E Welfare Center” operated by the Victim Welfare Foundation D during the period from March 16, 2015 to June 30, 2017, and in the duties of budget and expenditure in the “H Welfare Center” operated by the Victim Welfare Foundation G during the period from January 1, 2018 to August 17, 2018.

In the case of a comprehensive welfare center for persons with disabilities, the defendant was using several accounts, and he did not actually support certain accounts (such as retirement payment reserve accounts, insurance money accounts, etc.) in fact.

1. On October 19, 2015, the Defendant: (a) transferred KRW 900,000,000 to an enterprise bank account (J) in the name of the Defendant in the name of the above welfare center (I) to the company bank account in the name of the Defendant; (b) around that time, he voluntarily used the amount of living expenses, etc. in K, etc.; and (c) from that time, up to April 5, 2017, 32 times in total, as shown in the attached Table 1 second sentence; and (d) transferred the sum of KRW 60,000 by the same method to the account under the name of the Defendant; and (e) embezzled it for voluntary consumption, such as repayment of debts, from K, etc.

2. On January 24, 2018, the Defendant: (a) transferred KRW 25 million to a new bank account (M) in the name of the Defendant in the name of the said welfare center (L) where the Defendant was under his/her business custody; (b) around that time, he/she voluntarily used the amount of KRW 138,574,284 by means of the same method, from that time until August 17, 2018, including the transfer of KRW 138,574,284, a sum of KRW 138,574,284, to the Defendant’s account under the name of the Defendant; and (c) embezzled it by means of voluntary consumption, such as living expenses, in the name of K, etc., from that time to that time.

Summary of Evidence

1. Statement by the defendant in court;

1. N.N.