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(영문) 의정부지방법원 고양지원 2017.12.21 2016고단3913
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 2010, the Defendant has been working as the president of the “E private teaching institute” operated by the victim D, and has been engaged in the lectures of chemical subjects, employment of instructors and employees, organization of class hours, counseling of students and parents, examination of the settlement of wages for instructors and employees, and guidance and management of tuition fees.

1. Although the Defendant did not have agreed to receive additional money from the victim D with respect to the facts in the aforesaid private teaching institute F in the Yongsan-gu, Yongsan-gu, Yongsan-gu around February 2013, the Defendant: (a) the head of the above private teaching institute accounting office G did not have the necessary expenses while working as the head of the internal school; and (b) D does not have the said expenses.

D makes a false statement to D, “The settlement table shall be prepared by adding a certain amount to the benefits to be actually received.”

As above, the Defendant deceiving G, who is the head of the accounting office, and caused G, to prepare a statement of accounts added to KRW 370,004,00,000, compared to the amount to be actually received in February 2013, and made the settlement to the victim. The Defendant received KRW 370,004 from the damaged person as a lecturer’s fee, and was issued KRW 18,977,712 in the same way between January 28, 2016 and January 28, 2016.

2. Around July 10, 2014, the Defendant embezzled 350,000 won of tuition fees from the students of the above private teaching institute to the Defendant’s account of national bank in the name of the Defendant’s wife, and transferred it to the Defendant’s account in his/her name and the new bank account for the victim, and used it for personal purposes, such as apartment management fees and repayment of loans, etc. at the ancient city around that time, from that time until January 31, 2016, through the same method, from that time, from that time to January 31, 2016, he/she arbitrarily embezzled 76,042,250 won in total over 249 times as shown in the list of crimes in the attached Form.

3. The Defendant, on February 17, 2013, embezzled of tuition fees in cash, from students at the above private teaching institute around February 17, 2013.

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