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(영문) 창원지방법원 통영지원 2015.04.24 2014고단1160
업무상배임
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

provided that this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. From January 1, 2008 to December 31, 2009, Defendant B’s occupational embezzlement was a person who served for the 16th president of the Victim Fows Association in Si E (hereinafter “victims Association”) from January 1, 2008 to December 31, 2009, and has been engaged in overall control over the fund management of the Victims Association.

From February 2, 2009 to September 2010, the F Residents' Self-Governing Committee has carried out the “G” compilation project with total project cost of KRW 70 million, including subsidies of KRW 20,000,000,000,000. The said Residents' Self-Governing Committee started the project with financial support from the victim’s prosperity account and decided to return the said funds to the victim’s prosperity when the subsidies were paid at the dives meeting.

Accordingly, on January 19, 2009, KRW 20 million was transferred from the victim prosperity account to the F Residential Self-Governing Committee account. On March 5, 2009, when the subsidy of KRW 20 million was granted from the macro on March 5, 2009 to the F Residential Self-Governing Committee account, the Defendant opened a separate account in the name of the victim prosperity and received the said money from the victim prosperity to pay part of it individually.

On July 9, 2009, the Defendant opened a new Agricultural Cooperative (H) account under the name of the Victim Association. On July 10, 2009, the Defendant transferred KRW 20 million from the F Residents' Self-Governing Committee to the said account to the said account and kept in custody for the Victim Association for the business purpose of the Victim Association. On October 7, 2009, the Defendant voluntarily withdrawn KRW 6 million from the said account and voluntarily consumed it in personal card expenses, etc., and voluntarily consumed KRW 9 million from the said account with personal card expenses, etc.

Accordingly, the Defendant embezzled the amount of KRW 15 million owned by the victim prosperity that was kept in business.

2. Defendants A, who served as the 18th president of the victim conference from January 1, 2012 to December 31, 2013, bears the duty to properly use and manage the funds, etc. of the victim conference in line with the purpose of the victim association.

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