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(영문) 서울중앙지방법원 2011.01.28 2009고합352

업무상횡령 등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 1993, from around February 2003 to around February 2003, the Defendant served as the secretary general of the “IA”, a non-governmental organization of the national scale established for the purpose of I, and from March 2003 to February 2005, the Defendant took charge of the accounting, including fund-raising and fund management, while acting as the joint representative of the said organization. In addition, from around December 1995 to around February 2002, the Defendant took charge of the accounting affairs, such as fund management, of the promotion committee.

In addition, from November 2002 to February 2004, through the standing director of J, a foundation established for the purpose of environmental education and cultural business development from November 2002 to February 2004, the above foundation has been in office as the representative of the above foundation from March 2004 to March 2004 and has overall control over accounting and personnel affairs such as fund raising, fund management, etc.

From November 2002, the Defendant was in office as a standing director and representative of the JJ, and received scholarship funds, etc. from various enterprises, etc., specifying the purpose of the activities of the non-governmental organizations for the purpose of providing scholarships, and kept the said funds for the purpose of the J in order to pay the tuition fees and living expenses to those who passed the selection criteria of each graduate school among the activities of the non-governmental organizations recommended by the J scholarship students selection committee in accordance with the purpose of the use.

The above scholarship fund, which the victim received from the enterprises, is the money received from the employees of the civil organization to the “person who passed the Jaffiliated Graduate School and recommended by J,” for the purpose of the payment of scholarships, and the use and purpose of which are clearly specified and which cannot be used for other purposes.

Nevertheless, the defendant thought that he will use the above scholarship as a deposit for lease of J Office, activity expenses unrelated to the scholarship project, not for the specified purpose and use.

1. The Defendant, around September 8, 2003, shall J from K at the Jung-gu Seoul Jung-gu J office.