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(영문) 서울중앙지방법원 2014.11.06 2012고정4922
업무상횡령등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the president of the Association E (hereinafter referred to as the “Association”) who is an incorporated association, and the amount equivalent to KRW 10 million per month as operating expenses of the Association, such as personnel expenses for the Association employees and expenses for maintaining offices, while membership fees paid by members of the Association are merely KRW 20 million per year, and thus it is impossible to operate the Association with membership fees. As such, F-type prizes or G needs to be given.

In relation to various events supervised by the Association, such as the proposal, more subsidies have been granted than the actual expenses paid by the State or the local government, and the difference has been deducted, and it has been raised to raise the insufficient operating expenses of the Association.

1. Occupational embezzlement;

A. On July 2007, the Defendant: (a) 3rd Gam from Busan Metropolitan City of the Victim.

In relation to the event of the award, a total of KRW 285 million for subsidies specified as contributions, publicity expenses, etc., and a total of KRW 50 million for subsidies specified as those in the same name from the Busan Western District Office, and KRW 35 million for victims. Under the occupational custody of the victims, a printing business entity requested H to return KRW 6.5 million for supporting expenses when the Association in the future pays the amount of KRW 6.5 million for printing expenses, such as leaflets. Around July 25, 2007, the entity paid KRW 6.5 million for supporting expenses, and around that time received KRW 2 million for supporting expenses as supporting expenses, and around that time, the entity demanded H to return some of the subsidies under the pretext of supporting expenses, and received KRW 2 million for the contribution and TV fees, etc. 2 million for the contribution and TV fees, and 2 million for the next 2 million association back to KRW 4.7 million for 7 million after receiving the contribution and TV fees.

Accordingly, the defendant embezzled the victims' property.

B. On October 2007, the Defendant’s use is given from the Ministry of Culture and Tourism around October 2007, such as prize money, promotional expenses, etc. related to the 14th F Prize event.

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