(영문) 대전지방법원 2012.01.06 2011고정624

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(영문) 대전지방법원 2012.01.06 2011고정624

업무상횡령

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Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

As of April 3, 2006, the Defendant invested 170 million won in collaboration with the Victim G, and established “E Art Research Institute” on the 6th floor of the Seo-gu Daejeon District Office, Seo-gu, Daejeon, with a view to 50% of the shares. However, the operation of the Art Research Institute was made oral agreements with the Defendant to operate the Art Research Institute and established the Art Research Institute.

On the other hand, from around 1998, the Defendant, as to 50% of the shares of the above Defendant, acknowledged the amount invested by the said victim from 43 million won and the said victim’s ability to manage the entrance of a private teaching institute, and made a verbal agreement with the said victim to retain 25% of the shares of the said victim.

Accordingly, the defendant was employed as the president of the Institute of Art Research based on the partnership relationship with the victims.

1. Around April 2006, the Defendant opened an account in the name of the Defendant with a view to managing private teaching institute funds, such as tuition fees, received from students registered with the said Institute of Art in the name of the Defendant, and embezzled the amount exceeding KRW 5 million after deducting KRW 2.5 million for August 30, 2006 from the said Institute’s funds account to the Defendant’s personal account in the course of performing duties. On August 30, 2006, the Defendant embezzled 2,56,361,736 won in total over 23 times as indicated in the attached Table of Crimes (1-1), by transferring the funds to the said Institute’s personal account to the Defendant’s personal account in the course of performing duties.

2. On January 3, 2007, the Defendant received 21,814,868 won in total over 54 times, such as transfer of 21,814,868 won, and embezzled by arbitrarily using the personal debt borrowed from his/her sibling while in his/her custody, etc., by ordering the Director of the Accounting Office to transfer tuition fees of 320,000 won to the Agricultural Cooperative Account (Account Number M) under the name of the Defendant, by omitting the students registered with the said Art Research Institute.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, G and J;

1.With respect to G:

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