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(영문) 대구지방법원 포항지원 2016.01.21 2015고단1016

업무상횡령

Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of eight months, and Defendant C shall be punished by a fine of three thousand won,00,000 won.

Reasons

Punishment of the crime

Defendant

A worked as the head of the administrative support headquarters and the head of the management support office from March 1, 2011 to March 13, 2014, and the head of the planning and operation team from March 14, 2014 to April 14, 2015, while exercising overall control over the management and administrative support affairs such as the revenue and expenditure of the foundation, budget compilation, allocation and settlement of accounts, operation of the foundation foundation and asset management.

Defendant

B, from September 1, 2007 to March 13, 2014, the victim incorporated foundation team leader in charge of the budget, accounting, settlement of accounts, etc. of the foundation foundation.

Defendant

C worked as the director in charge of administrative support room and management support room from April 6, 2009, the victim incorporated foundation was in charge of the practice of facility construction contract, facility and research equipment management as incorporated foundation.

1. Joint crimes committed by Defendant A and Defendant B

A. Defendant A’s nominal embezzlement of the purchase price under the name of the victim when managing the Daegu Bank account (I) in the name of the victim where the funds for the operation of the victim are deposited, Defendant A was willing to use part of the operating funds for the purchase price of his own house, and instructed Defendant B to transfer part of the operating funds to the said account after opening the victim’s account at the victim’s office located in the Nam-gu J on January 6, 2010, from the victim’s office located in the Nam-guJ on the part of another victim’s employees in order to prevent the victim from becoming aware of the other victim’s employees. Defendant B opened the Daegu Bank account in the name of the victim at the location of the Daegu Bank in Ydong-gu, Chungcheongnam-gu, Y on the same day, and deposited KRW 161,749,97 with the victim’s operating funds from the said account.

Defendant

A around January 25, 2010, Defendant B withdrawn the down payment of KRW 19,00,000,000, out of the purchase price of his own house from the Daegu Bank account (K) and instructs Defendant B to transfer the purchase price to L of the housing seller. Defendant B, in accordance with the direction above, is from the Daegu Bank account (K) to 19,00.