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(영문) 서울중앙지방법원 2015.01.08 2014고단1975

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

The Korea Sports Council, which is a victim's association affiliated with the Korea Sports Council (hereinafter referred to as the "Association"), is operated with the financial resources, such as national subsidies, the National Sports Promotion Fund, the contributions and grants from enterprises and social organizations, and its own revenues. The annual average budget is an organization whose amount of KRW 3.5 billion to KRW 4 billion (the budget for the Olympic Games opened in 2012 is 5.5 billion).

From around 205 to January 15, 201, the Defendant was in the position to exercise overall control over the practical affairs of the Association’s budget expenditure, accounting, and administrative affairs, and E was the president of the Association from around 2001 to July 13, 201, from July 14, 201 to September 6, 201, and from September 7, 201 to January 15, 201, as the president of the Association, respectively, as the president of the Association.

1. Joint offenses with E;

A. From around 2008, the Defendant, for the purpose of personal political activity expenses, was urged from around 2008, to disburse expenses necessary for political activity unrelated to the Association’s duties as an item of “information expenditure” in the Association’s budget when engaging in political activity with E, the president of the Association at the time of the establishment of the F Party.

Accordingly, on January 18, 2009, the Defendant attended the F Youth Group held in Songpa-gu Seoul Metropolitan City with E and settled food expenses of KRW 140,80,80 by credit card under the name of E, and around that time, the Defendant accounts with "information expense" as an item of "information expense" and received after-sale of the same amount as if he paid the outside expenses of the Association's external activities. From January 18, 2009 to December 17, 2011 in the above manner, as shown in the attached Table of Crimes (1) in the attached Table of Crimes (hereinafter referred to as the attached Table of Crimes) by means of the same accounting as an "information expense item" and embezzled the same amount after undergoing a follow-up settlement with the Association's budget.

Accordingly, the Defendant, in collusion with E, embezzled the funds of the Victim Association.

(b) 16 times;