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(영문) 대구지방법원 안동지원 2013.09.10 2013고단374

업무상횡령등

Text

Defendant

A shall be punished by imprisonment for a year and six months and by a fine of KRW 1,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. From April 1, 199 to April 28, 201, Defendant A was a person who actually operates the victim’s social welfare foundationF established for the purpose of operating rehabilitation facilities for the disabled in Ansan-si, and was engaged in the business of managing the corporation’s funds, etc. as the representative director of the victim’s corporation from April 29 to January 4, 2013.

Defendant

A around December 17, 2007, after receiving admission deposits from disabled persons admitted to the G Living Facility under the name of G from the disabled persons admitted to the G Living Facility, a affiliate of the victim corporation, in the course of performing his/her duties, voluntarily withdrawn KRW 30,000,000 on the same day from G employees H, and around that time, he/she embezzled from June 5, 2012 the total sum of KRW 120,050,180 on the five occasions as shown in the list of crimes in the annexed list of crimes, from the time when he/she arbitrarily consumeds casino games or consumes them for personal purposes, such as entertainment expenses, from the Gangseo, etc. located in Masung-gun, Gangwon-do.

2. Although Defendant A, a person who establishes and operates a social welfare foundation, must employ a person engaged in the business of life guidance for facility residents as a social worker on January 1, 2013, Defendant A, who is not qualified as a social worker, to a life rehabilitation teacher who resides in I who is a sanatorium for disabled persons with severe disabilities, of the foregoing social welfare foundation on January 1, 2013.

Summary of Evidence

1. Defendant A’s legal statement

1. Each prosecutor's protocol of statement against H, L, M, N, andO;

1. Each police statement made to P and J;

1. Each investigation report (the attachment of audit data, etc. to F, the filing of copies of records in Korea’s 2013 Petition63, the basic status of social welfare foundation F, etc., the attachment of the list, the current status of the I staff and list), each internal investigation report (the attachment of the resume of new employment staff, the resume of new employment staff in 2013), two copies of the deposit account of G Admission deposit (each Japanese bank).