beta
(영문) 서울중앙지방법원 2017.08.10 2017고단721

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from August 21, 2012 to August 20, 2016, is the president of a victim educational foundation E-private teaching institute (hereinafter “E-private teaching institute”), who exercises overall control over the affairs, such as personnel affairs and budget of E-private teaching institutes.

According to the internal guidelines of the above E private teaching institute, the corporate card shall be used only for matters related to the affairs of the E private teaching institute, and it shall not use the corporate card for personal purposes.

Nevertheless, on September 29, 2012, the Defendant paid 770,000 won of his riding tuition fees by a private teaching institute corporate card at G office located in Seongdong-gu Seoul Metropolitan Government around September 29, 2012, from that time to February 26, 2016, and paid 32,90,574 won in total as the corporate card of the private teaching institute, such as the daily list of crimes (1) excluding No. 14,15, and the daily list (3), and the daily list (24,40,000 won: Provided, That the total amount in question is raised at KRW 24,40,00).

As a result, the defendant acquired the same amount of financial profit, and caused the victim's property damage equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, and J;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by each prosecutor to the prosecution against H, K, I, L, and J;

1. H's accusation (including all accompanying documents);

1. Notification of disposition (including all accompanying documents) and application of Acts and subordinate statutes to request cooperation in investigation (including all accompanying documents);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act (generally, selection of fines) concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the assertion that it was used in relation to the business of the E Institute

(a) No. 1 to 7, 20. Part 1 of the annexed List of Offenses (1).