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(영문) 서울중앙지방법원 2016.06.16 2015고합1236
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is the president of a F school (which was changed from the former “G school” to July 8, 2014; hereinafter “F”) that is a workplace skill development training corporation established for the purpose of the “workplace skill development training in the art field under the Act on the Development of Workers’ Vocational Skills” in Gangnam-gu Seoul, Gangnam-gu, and is engaged in affairs, such as exercising overall control over the operation of the above school and managing and supervising corporate funds.

The Defendant embezzled KRW 4,866,317,653, total amount of money owned by the Victim F, which he had been on duty, as follows:

1. Around February 27, 2008, the Defendant embezzled corporate funds in the custody of the school juristic person account, at the location of the new bank f09 (M&T) from the Gangnam-gu, Gangnam-gu, Seoul, to the H account in the name of F, and then withdrawn KRW 30,000,000 in cash in the occupational custody for the victim F, from the F student to the new bank f H account in the name of F, and then voluntarily consumed it as living expenses, etc. at the Seoul branch around that time.

In addition, from that time until December 27, 2013, the Defendant: (a) withdrawn total of KRW 3,043,763,412 from the account in the name of the victim F in total of 87 times, such as the list of crimes (1) and embezzled it for personal purposes, such as cost of living and purchase of real estate.

2. Around January 8, 2008, the Defendant embezzlement of corporate funds at the above new bank sponsed from F students to a new bank J account in the name of the next bank account, and deposited KRW 550,000 in cash in the course of business for the victim F, and voluntarily consumed the amount of living expenses, etc. in Seoul, etc. around that time.

In addition, the Defendant arbitrarily consumes KRW 1,721,415,002, including practical training expenses, screening fees, student membership fees/OT, etc. owned by the Victim F for a total of 269 occasions, from March 18, 2013 by the aforementioned method (attached Form 2) from that time until March 18, 2013.

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