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(영문) 부산지방법원 동부지원 2016.11.17 2016고단930
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

On December 5, 2006, the Defendant was appointed as the president of G, a victim foundation in Busan Jung-gu, Busan, from the date of appointment to May 2, 2015, while performing the duties of operating the general foundation as the president and standing director of the said foundation, and kept the property of the foundation for the victim in the course of performing the duties of operating the foundation.

1. On April 25, 2012, the Defendant entered into a lease agreement with H and temporary deposit of KRW 20 million and KRW 20 million monthly rent of KRW 2 million with respect to the site of approximately 110 square meters in front of the G building owned by the victim.

From April 25, 2012 to August 27, 2012, the Defendant, who received KRW 10.5 million monthly and temporary deposit KRW 20.5 million from the above H, a lessee, from around April 25, 201 to around August 27, 2012, was embezzled by using KRW 10.5 million monthly and monthly deposit for private purposes, including living expenses, at around that time, without devolving on the victim.

2. On August 31, 2012, the Defendant entered into a fixed lease agreement with the above H and premium of KRW 45 million for the first floor and site of the above G building and KRW 150,000,000, monthly rent of KRW 4.3 million for the instant G building in Busan Dong-gu.

The Defendant prepared the above HJ lease contract, and kept KRW 75 million excluding KRW 20 million 2,00,000,000 ( KRW 50 million and KRW 25 million each cashier’s checks), which the Defendant received from the above H, as stated in the preceding paragraph. At around that time, he remitted deposit money to the victim of KRW 50 million, and embezzled the remainder of KRW 45 million by using it for private purposes, such as living expenses, etc. from Busan Japan.

3. On July 2009, the Defendant was determined to pay the president to the G Council, and around October 201, the G Council decided to re-examine the issue of benefits when the finances of the Scholarship Foundation are normal, and thus, the standing director and the president’s benefits could not be changed without the resolution of the board of directors. However, the said Foundation from January 201 to May 2015.

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