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(영문) 대구지방법원 포항지원 2015.09.17 2015고단355

업무상횡령등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. The Defendant, from April 1, 2013 to November 20, 2014, worked as the head of the D-academic cooperation foundation located in North Korea-gu C at the port (hereinafter “Damage Cooperation Foundation”) and took overall charge of budget and research services, such as administrative affairs, business accounting management, support for affiliated organization and project groups, and fund execution affairs.

In addition, when the Korea Employment and Labor executes the subsidy of KRW 24,282,50 as the business amount for promoting the employment of young school students and graduates from the university, the Defendant had a duty to properly execute the subsidy by faithfully performing the subsidy program with the care of a good manager and not to use the subsidy for other purposes.

Nevertheless, around September 16, 2014, the Defendant arbitrarily withdrawn KRW 11,00,000 while in the custody of subsidies for business purposes and voluntarily consumed them as living expenses, etc., and in violation of his/her occupational duties, from August 5, 2014 to October 30, 2014, the Defendant embezzled the total amount of KRW 179,450,000 for 21 times as shown in the attached Table 1, as shown in the attached Table 1, and used KRW 15,80,000 for other purposes, as shown in the attached Table 1 from August 5, 2014 to October 30, 2014.

2. When using a corporate card in the course of performing fund enforcement as described in paragraph (1), the Defendant has occupational duties to use it only for the purpose related to the duties of the Damage Cooperation Agency, and to faithfully perform duties so as not to cause damage by using it for any purpose unrelated to the duties.

Nevertheless, the Defendant violated the above occupational duties, and the damage co-operation team is in the library located in the Southern-gu F at Port on August 10, 2014.