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(영문) 광주지방법원 2013.10.04 2013고단1179
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while serving as the director general of the finance bureau of the Corporation D (hereinafter referred to as the “victim Corporation”) from around 2009 to around 2010, was a person in charge of overall management of the establishment and execution of the budget for the Yeongdeungpo-gun E events, and the victim corporation is the sponsor of the Yeongdeungpo-gun E events.

1. On March 30, 2010, the Defendant: (a) deposited KRW 129,000,000 for E event funds, including subsidies 125,40,000,000 granted from the Young-Gun Office, in the Agricultural Cooperative (F) under the name of the victim’s name for the victim’s legal entity; (b) withdrawn KRW 129,00,000 from the Young-Gun Agricultural Cooperative located in the Legal Nature of Yong-Gun on March 30, 2010; and (c) arbitrarily used them for the Defendant’s personal goods payment liability, etc.

2. On May 14, 2010, the Defendant: (a) deposited KRW 10,000,000 in the account in the name of the victim for the purpose of the victim’s legal entity; (b) withdrawn KRW 10,000 from the Agricultural Cooperative in the name of the victim’s legal entity on June 7, 2010; and (c) arbitrarily embezzled it for the purpose of the Defendant’s personal goods payment obligation.

3. On June 7, 2010, the Defendant deposited KRW 135,400,000, including KRW 129,500,000,000, which was personally borrowed from G, in the name of the victim corporation, into the said agricultural bank account under the name of the victim corporation, and deposited the said money into the bank account under the name of the victim corporation for the purpose of restoring the embezzled money as described in paragraphs 1 and 2, and then embezzled KRW 129,50,000 among them to the bank account under the name of H for the purpose of returning the said money to the original bank, and embezzled KRW 129,50,000,000, which was then transferred to G for the purpose of returning the said money to the original bank account under the name of H.

Summary of Evidence

1. Defendant's legal statement;

1. Table of transactions by account;

1. Details of financial transactions of agricultural cooperatives;

1. Application of the F of the General Deposit Transactions Statement (F) Act and subordinate statutes;

1. Articles 356 and 355(1) of the Criminal Act of the corresponding Article of the Criminal Act concerning the facts constituting an offense (generality)

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