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(영문) 광주지방법원 2013.10.18 2013고단4040

업무상배임

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2008, the Defendant served as the head of the general affairs team of the DNA Self-Support Center, a non-profit non-governmental organization, which is a non-governmental organization that operates the subsidies of the Jeonnam-gun as the main financial source, and has been engaged in the work of managing the accounts and authorized certificates thereof, the Internet banking password, etc. of the victimized corporation, and paying the amount to the customer of the victimized corporation.

In such cases, the defendant has a duty to accurately remit the amount designated for the designated purpose and not remit the amount for any other unlawful purpose and to properly manage the funds of the victimized corporation.

Nevertheless, on March 10, 2010, the Defendant violated such occupational duties. (1) Around March 10, 2010, at the above D Self-Support Center office located in Chungcheongnam-gun, the Defendant added two copies of “detailed statement of payment and request for payment” and one copy of “explosion money” prepared in the disbursement resolution document and obtained approval from the head of the Center who is unaware of such fact, and transferred KRW 50,000 from the Nong Bank’s control account (Account Number:G) to the Defendant’s account in the name of the Defendant in the name of the Nong Bank (Account Number:G) by submitting the Nong Bank’s operation expense account (Account Number) to the Nong Bank’s account (Account Number): from that time to October 10, 2011, the Defendant transferred KRW 61 times in total from the account of the victimized Corporation to the account in the name of the Defendant and his/her family members; and (2) the Defendant transferred KRW 250,210,210, etc. of the Defendant’s Internet benefit bank and the No.