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(영문) 서울서부지방법원 2015.06.10 2014고단1374
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

Criminal facts

The Defendant is the operator of “E”, which is a welfare facility for women with intellectual disabilities in Mapo-gu Seoul Metropolitan Government, and “G”, which is a welfare facility for women with intellectual disabilities in Ansan-si F (hereinafter the above welfare facilities are referred to as “each of the instant facilities”).

The operating expenses of each of the instant facilities have been appropriated for the facility usage fees and support payments to be paid by the residents of each of the instant facilities. The Defendant, as an operator of each of the instant facilities, has been engaged in the management of 20 residents of each of the instant facilities, including H, who are victims (hereinafter “victims”) and support payments paid from the victims, to the facility operation expenses under the name of the Defendant, and the support payments deposited into the support payments management account.

1. On April 7, 2010, the Defendant purchased clothes (CKG) from Hyundai department stores located in French districts, and settled 89,000 won with the Hyundai department store card in the name of the Defendant, and then embezzled 3,409,185 won in total by having the credit card payment pay with the money deposited in the National Bank Account (I) that is the account managing each of the of the of the of the of the of the of the instant facilities and the support payments, from that time until July 23, 2012, as shown in the List of Crimes (1) as shown in the attached Table between July 23, 2012 and the day before July 23, 2012.

2. The Defendant, around January 15, 2007, loaned KRW 200,000,000,000,000,000 for future deposit life-free dividends, pro rata life-free loans from the new bank account, which is the facility operation expenses of each of the instant facilities and the support management account, and then constitutes a facility operation expenses and support fund deposited into the same account at that time.

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