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(영문) 대구지방법원 포항지원 2017.11.09 2017고단533
업무상횡령등
Text

Defendant

A shall be punished by a fine for negligence of KRW 20,00,000, and by a fine of KRW 2,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A From March 1, 2006 to December 5, 2010, from F University G operated by F University of the victim educational foundation F to F University E, he/she planned various contracts and accounting duties as H, and engaged in the affairs in charge of executing school expenses related thereto. From December 6, 2010 to August 29, 201, A is the head of the foregoing University student admission management team, who is a person in charge of accounting affairs necessary for various events, such as new students, exchangeing, etc.

1. On June 2010, Defendant A, while engaging in the H business related to planning various contracts and accounting in the victim G and taking charge of executing school expenses related thereto, Defendant A conspiredd to embezzled F University tuition by means of appropriating the full amount or difference of the school expenses deposited in Defendant B’s passbook to the victim by re-returning the payment of the school expenses to the victim’s passbook to his own passbook.

On June 30, 2010, Defendant A, even though the F University’s G office did not request the F University to make a printed document related to G business, requested Defendant B to submit a false estimate of KRW 4,926,00 to F University. On June 30, 2010, Defendant A deposited KRW 4,926,000 to Defendant B’s Daegu Bank’s account (J) and Defendant B embezzled the said KRW 4,926,000 by depositing the said money to Defendant A’s National Bank’s account (K) immediately upon receipt of payment.

In addition, the Defendants embezzled the total of KRW 13,559,000 of the school expenses of the victim seven times in total, such as the list of offenses (1) in the same manner from July 13, 201 to July 13, 201.

Accordingly, the Defendants conspired and embezzled the victim's property.

2. The sole criminal conduct of Defendant A;

A. Breach of trust.

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