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(영문) 서울북부지방법원 2018.07.06 2018고단258

업무상횡령등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On May 24, 199, the Defendant, as the representative director of an incorporated association, established with permission from the Ministry of Health and Welfare, took charge of general affairs and fund management affairs of the Association, such as education and consultation with D, legal advice, medical support, public relations, financial support, data collection and research at home and abroad, formation of network in connection with international organizations, cooperative projects, and other projects necessary for achieving the purpose of the corporation, designated as a designated donation organization from the Minister of Finance and Economy, etc.

1. On January 15, 2013, the Defendant violated the Act on the Embezzlement Occupational Embezzlement and the Collection and Use of Donations in the principal office of an incorporated association in Seongbuk-gu Seoul, Seoul, for the purpose of the victim’s incorporated association C, used the donation amounting to KRW 80,926,040 in total over 372 times in total, as shown in the list of crimes in the attached Table (1), from that time, the Defendant paid KRW 155,900 to December 30, 2015, such as paying KRW 155,90 to the third floor electricity charge of the same building in which the Defendant’s residence is the Defendant’s residence, at around that time.

As a result, the defendant embezzled 80,926,040 won of donations kept in custody for the victim corporation C, and used them for purposes other than the purpose of solicitation.

2. On March 25, 2013, the Defendant violated the Act on the Embezzlement of Occupational Embezzlements and the Collection and Use of Donations in the F Center Personnel Expenses, and paid KRW 25,717,550,00 in total, up to March 2, 2015, to G, who was an employee of the F Center jointly owned by the Defendant, while working for the victim C at the principal office of the F Center C, for the sake of the victim’s incorporated association, from March 25, 2013, the Defendant paid KRW 1,702,00 as personnel expenses, from that time, to March 2, 2015.

As a result, the defendant has embezzled 25,717,50 won of donations kept in custody for the victim C, a corporation, and used them for purposes other than the purpose of solicitation.

3. Project costs for the creation of the F Center.