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(영문) 서울고등법원 2011.09.29 2011노432

업무상횡령 등

Text

1. Of the judgment of the court below, the guilty portion and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

Reasons

1. Judgment on the grounds for appeal by the defendant

A. From November 2002, the Defendant was in office as a standing director and representative of the JJ foundation, and received the scholarship fund used by various enterprises, etc. as the project cost for scholarship support for the purpose of supporting scholarships, etc., and the said money was kept in work for J to pay the enrollment fee and cost of living for the persons who passed each graduate school selection criteria among the non-governmental activities recommended by the J’s Selection Committee for Scholarship Students.

As above, the above scholarship fund received from enterprises is money received from employees of civic organizations for the purpose of paying scholarships to “persons who passed the Jaffiliated Graduate School and recommended by J.” and is money that is not usable for other purposes because its use and purpose are clearly specified.

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

(1) On September 8, 2003, the Defendant received KRW 10 million from K Co., Ltd. (in the case of a corporation for convenience, only the remainder except for “stock company” in its name) to the foreign exchange bank account in the name of J (the account number: L; hereinafter “instant account”) at the Jung-gu Seoul J office, and received KRW 30 million in total from around that time to December 3, 2004, as described in the attached J Scholarship Fund receipt Nos. 1 to 11, respectively, and received KRW 251,085,200 from among the above scholarship funds kept at the same place on January 6, 2005 to the instant account, and paid KRW 11,30 million in total from around that time to December 3, 2004.

(2) The Defendant on March 21, 2005.