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(영문) 대전지방법원 2017.08.30 2015고단3845
업무상횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

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

Reasons

Punishment of the crime

1. Defendant A’s status and role of Defendant A served as a contracting administrative employee at H of the Korea Institute of Information and Communication from around 2005 to around 2009 as the Korean Institute of Science and Technology (“Korea Institute of Science and Technology”)’s integration into around 1, 2009, and was in charge of research-related administrative affairs, such as applying for research development expenses related to entrusted research tasks according to B’s instructions from around that time to October 31, 2014, and applying for research and development expenses related to entrusted research tasks, preparing research events, assisting students and professors in general affairs, and handling personnel expenses.

2. The criminal defendant A, in accordance with the direction of B, tried to use the above funds for the personal purpose of the defendant, in raising and managing the research fund by recovering the personnel expenses of the researchers into his/her own account in order to meet the necessary expenses for the research.

Defendant

A, while keeping personnel expenses recovered from K, L, and M, the victims, in the course of business by returning them to the Defendant’s account in the name of the victims, A used the above funds to purchase goods from the gallon department store in Seogalian department store located in Seo-gu, Daejeon on August 29, 2008, and paid KRW 1,706,50 from that time to December 31, 201, up to December 31, 201, he embezzled the victims’ property by arbitrarily consuming the total amount of KRW 141,293,040 out of the above funds for personal purposes for 941 times, as shown in attached Table 4 (2).

Summary of Evidence

1. Defendant A’s legal statement

1. Legal testimony of the N;

1. Statement made by the prosecution against the N orO;

1. A personnel record card;

1. A written answer;

1. Details of account transactions in the bank account under the name of Korea, details of account transactions in the bank account in the name of Korea, and details of account transactions in the No. A;

1. The transaction details in the name of A, the transaction details of KB national cards in the name of A, the transaction details of Samsung Card in the name of A, the transaction details of new cards in the name of A, the transaction details in the name of A, and the transaction details in the name of A.

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