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(영문) 대구지방법원 영덕지원 2015.05.13 2015고단35

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From August 2, 2010 to August 2, 2014, the Defendant deposited KRW 50 million in the name of the Defendant’s general meeting of the victim “E elementary school alumni meeting” located in U.S., U.S., U.S., the Defendant regularly deposited the funds of the said general meeting in the name of the Defendant, and was in charge of the management and custody of the funds.

1. Occupational breach of trust;

A. On December 30, 2010, the Defendant deposited KRW 50 million in the account of the “monthly Regular Deposit” (Account Number:F) with the Defendant’s name on December 30, 201 and deposited KRW 50 million from the date of maturity in the name of the Defendant. Thus, the Defendant is prohibited from engaging in the act of causing damage to the said alumni meeting, such as setting up a security at will and receiving a loan.

Nevertheless, around February 15, 201, the Defendant borrowed 5 million won at will by taking the above regular deposit as a security in the post-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Ma (hereinafter

B. As above, while the Defendant deposited and managed the foregoing funds worth KRW 50 million in a regular deposit account, on April 22, 201, the Defendant borrowed KRW 8 million at his/her own discretion with the said regular deposit deposited in the aftermaposup on April 22, 201 and borrowed KRW 5 million among them.

The loan stated in the subsection was used for repayment of the loan and the remaining 3 million won was used for personal purposes such as the defendant's repayment of debt.

Accordingly, the defendant acquired a total of KRW 8 million property interest throughout the two times, and caused a loss equivalent to the same amount to the above alumni conference.

2. Around December 31, 2012, the Defendant occupational embezzlement: (a) opened an account for the “monthly Regular Deposit” (Account Number:G) with the maturity date on December 31, 2013 in the name of the Defendant; and (b) deposited KRW 50,000,000 for the said establishment of the Dong branch; and (c) on December 31, 2013, the Defendant collected KRW 50,000 from the said regular deposit and voluntarily repaid KRW 42,00,000,000,000 for the loans specified in paragraph (1).