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(영문) 서울중앙지방법원 2015.11.05 2015고단5119
업무상횡령
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant worked as the head of H’s facility located in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, the victim’s corporate association F, from February 1, 2006 to December 31, 2013, while exercising overall control over the above H’s affairs.

The Defendant registered as an employee of I, J, K, and L who do not actually work for H, and transferred money in the name of the account in the name of H’s account from the operating fund of H to withdraw the money, and used it for any purpose other than that for H.

The defendant had worked as the head of H's administrative management team at the time, and had M (a disposition of suspension of indictment on the same day) register I, J, K and L as H's employee, and managed the head of Tong, seal and password opened in his/her name from each of them.

On February 2, 2006, the Defendant: (a) remitted KRW 1,831,110 of the H’s operating fund to the account of the I; (b) subsequently withdrawn it; and (c) arbitrarily used it as corporate funds and N organization subsidies, etc.; and (d) arbitrarily used KRW 95,074,183 of the Victim H’s operating fund, which was in business custody over 39 times from that time to June 2009, as described in the attached crime list in the same manner, for a total of 39 occasions, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of M;

1. Statement of the police officer concerning theO;

1. A written request for investigation, data on the details of creation and use of funds, a statement on details of mass transfer, and a statement on sentencing investigation;

1. Application of Acts and subordinate statutes to investigation into criminal records;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the relevant criminal facts (to select a fine in general);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are employees who did not actually work in the operation of H by a religious organization affiliated with the reasons for sentencing under Article 334(1).

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