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(영문) 대구지방법원 포항지원 2014.08.06 2013고정706

횡령등

Text

Defendant

A A shall be punished by a fine of KRW 3,000,000, and by a fine of KRW 1,000,000,000, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

A is a director who is the representative of social welfare foundation B.

Defendant

B Social welfare foundation is a corporation established for social welfare programs, and operates rehabilitation facilities for visually impaired persons, such as D, E, and F, with a subsidy of 120,000 won per year from the reception of port communication facilities.

Defendant

A The Defendant, taking advantage of the superior status of the representatives of social welfare foundation B, embezzled the total amount of KRW 15,201,243 as shown in the following crime table(1) up to five times until March 29, 2013, and embezzled the corporate support payments and subsidies to use them for personal purposes; 1) on November 21, 2012, in order to withdraw cash from the corporate account at the office B located in Nam-gu, Nam-gu, Seoul, the Defendant prepared a written disbursement resolution, without preparing related documents; and (2) on November 21, 2012, in order to withdraw cash from the corporate account, 201,243 won from the corporate support payments and subsidies for facilities; and (3) on October 21, 2012, the Defendant, who violated the Social Welfare Services Act, embezzled the total amount of KRW 15,201,243 as stated in the list of crimes (1).

B. The Defendant, a social welfare foundation B, at the same time and time as the above “A-2”, committed the above violation in relation to the Defendant’s duties.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of the police concerning L;

1. Application of Acts and subordinate statutes to a report on investigation (attached details of transactions) and a report on investigation (as to the result of execution of a warrant of search, seizure and verification);

1. Article 355(1) of the Criminal Act (the point of embezzlement) and Article 53 Subparag. 2 and Article 42 of the Social Welfare Services Act concerning criminal facts and subparagraph A of the choice of punishment.