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(영문) 대구지방법원 영덕지원 2018.11.21 2018고단138
업무상횡령등
Text

Defendant shall be punished by imprisonment for a term of 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

1. From March 27, 2006, the Defendant operated the “D”, which is a social welfare facility located in the Gyeonggi-do Nutrition C, from around March 27, 2006, and stored, managed, instead of the disabled persons, basic cost of supply of and demand for living and the passbook for the disabled who are admitted to the “D”, and received support payments from individuals, organizations, enterprises, etc. as the sponsor account in the name of “D” and performed the duties of storing, managing, etc. for the above disabled persons.

A. The Defendant, as seen above, committed embezzlement of basic living costs and allowances for disabled persons for the disabled persons, who are the victims, in the course of their occupationally keeping and managing the said money for the supply of basic living expenses and deposits for disabled persons under the name of the said disabled persons, and voluntarily consumed KRW 40,000 from the said account to the Defendant’s account (Account NumberF) around September 29, 2017, by withdrawing KRW 6,786,000 from nine basic living cost, such as the victim E, who is the disabled person, and from the deposit passbook for disabled persons, to deposit KRW 6,786,00,00 in the deposit passbook for disabled persons, and then arbitrarily consumed KRW 40,00 from the above account to the purchase price of agricultural materials for farming houses under the name of the said victims (hereinafter “D”). From May 25, 2010 to September 29, 2017, the Defendant arbitrarily consumed KRW 308,384,884,208

Accordingly, the defendant embezzleds the assets of the victims who kept on duty.

B. The Defendant, as seen above, has kept and managed funds collected from the sponsors, such as the victims H, individuals, organizations, companies, etc. for the welfare of the persons with disabilities admitted to “D” in the course of business, while the above support funds are transferred to the Defendants by specifying the purpose and purpose for the welfare of the persons with disabilities, including the awareness of the persons with disabilities admitted and the maintenance of welfare facilities. However, the above support funds are voluntarily used for purposes other than the welfare of the persons with disabilities admitted.

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