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(영문) 부산지방법원 2012.06.15 2012고단683

업무상횡령등

Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of one year, Defendant D and E respectively, and Defendant C.

Reasons

Punishment of the crime

Defendant

A from February 2007, it has been working as the president of the O Care Center affiliated with the social welfare foundation N in Busan Northern-gu M.

Defendant

B served as the husband of Defendant A from January 2006 to December 2009 as the facility management department of the O medical care center.

Defendant

C From June 1, 2004 to December 31, 2010, C served as the nursing team leader of the O Care Center from June 1, 2004 and served as the head of the Secretariat from January 1, 201.

Defendant

D supplied food materials to the O Care Center from around 2002 to January 2010.

1. The sole criminal conduct of Defendant A;

A. On March 30, 2007, Defendant A: (a) withdrawn KRW 10,000,000 from the victim’s bank account living at the O Care Center around 15:30 on and around March 30, 2007; and (b) embezzled the amount of KRW 1,300,000 by consuming cash from the victim P and then embezzled it for the victim; and (c) embezzled it by consuming the amount of KRW 400,00 from the victim’s Korean bank account on September 10, 2009, while being kept for the victim, the amount of KRW 1,30,000 by consuming it as living expenses, etc. around that time.

B. On March 30, 201, Defendant A: (a) withdrawn KRW 8,000,000 from the victim Q Q’s post account living at the O Care Center on March 30, 201; and (b) embezzled the victim Q by consuming KRW 6,00,000 as living expenses, etc. around that time, while being kept for the victim.

C. On January 26, 201, Defendant A: (a) confirmed that the amount of KRW 1,695,290 for the period of leave of absence was erroneously paid to the Social Workers R R affiliated with the O Care Center on January 26, 2011; (b) received money from R to the account of community credit cooperatives in the name of the Defendant; and (c) used the money for living expenses, etc. around that time while performing duties for the N of the Victim’s Social Welfare Foundation.

The defendant A who violated the duty of the victim's social welfare foundation N. is the O Care Center.