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(영문) 대구지방법원 포항지원 2016.05.12 2016고단160
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

From April 2007, the defendant worked as the head of the victim B's organization secretariat, while carrying out various sports competitions and sports-for-all activities in Yeongi-gun managed by the Living Sports Council, and has overall control over the overall operation and budget execution of the Living Sports Council.

B An organization is a non-profit social organization operated with subsidies from the Ulle Military Social Organizations, mainly with subsidies from the Ulle Military Social Organizations established by Ulle-gun residents, with the aim of promoting national health and physical strength through the promotion of living sports, promoting a healthy leisure life of the people, promoting an advanced sports culture, etc.

Since the Defendant applied for subsidies to Ulleung-gun for the items of “social organization subsidies” and “living sports classroom business operation subsidies” and received subsidies from Ulle-gun with the same contents, each of the subsidies was used in line with the designated purposes, and there was occupational duties that should not be used for other purposes or arbitrarily for living expenses, etc.

1. On March 2, 201, the Defendant: (a) obtained the benefits of life guides belonging to the victim B from Ulllle-gun to the Agricultural Cooperative Account in the name of the victim B’s organization; and (b) obtained the benefits of life guides, from around Ulle-gun, to keep the victim in custody on behalf of the victim.

Of these, the Defendant voluntarily consumed KRW 5,000,000, out of the funds deposited in the Agricultural Cooperative Account in the name of the victim at a place where it is impossible to know the specific place of less than Ulle-gun around the above time, from around October 7, 2014, from around eight times including the transfer of KRW 5,00,000 to the Agricultural Cooperative Account in the name of the Defendant under the name of the Defendant, and arbitrarily consumed the living expenses, etc. due to living expenses, etc. from around that time, until October 7, 2014.

As a result, the Defendant embezzled the collective operating fund of B in the course of business.

2. The Defendant’s occupational embezzlement for purposes other than the original purpose is the head of the organization B and the organization B is the Ulle-gun at the time of its employment.

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