업무상횡령
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
From November 2003 to October 2010, the Defendant worked as the president of the Child Care Center D of the Social Welfare Foundation C Foundation D, and took overall control of the affairs such as fund management.
[2014 Highest 78]
1. Around December 24, 2009, the Defendant: (a) prepared a detailed statement of salary as if he/she paid the benefits of E, which does not need to be paid upon retirement from office as a childcare teacher, at the victim’s C Foundation D Child Care Center located in F at F at the end of the end of November 2009; (b) transferred KRW 1,282,220, which was under the victim’s agricultural account to the Defendant’s agricultural cooperative account for the victim, to the Defendant’s agricultural cooperative account at his/her discretion around January 25, 2010; and (c) embezzled KRW 1,282,220 by the same method around February 25, 2010; and (d) arbitrarily transferred KRW 3,846,660 to the Defendant’s agricultural cooperative account; and (d) embezzled KRW 3,846,60 by arbitrarily using
[2014 Highest 315]
2. On January 28, 2008, the Defendant: (a) prepared a detailed statement of the salary when he retired from office as a childcare teacher at the Child Care Center D of the Victim C Foundation; (b) paid the amount that cannot be known to G with the funds of the victim who was under the occupational custody for the victim; (c) embezzled KRW 1,287,000 from G on January 29, 2008 to the Defendant’s agricultural bank account; and (d) arbitrarily used it thereafter by the same method until May 28, 2008, including the Defendant’s return of KRW 1,287,000 from G to the Defendant’s agricultural bank account; and (e) embezzled KRW 4,487,000 in total as shown in [Attachment Table 1] 1-
3. On April 2008, the Defendant agreed to pay KRW 750,000 per month as salary when employing H as a special skills teacher at the victim’s childcare center D Foundation C foundation D as a victim’s social welfare foundation.
Nevertheless, the Defendant: (a) around September 2008, prepared a statement of reimbursement as if the Defendant paid H benefits of KRW 1,249,240, more than the agreed benefits; and (b) made the said amount out of the funds of the victim who was on duty under custody for the victim.