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(영문) 창원지방법원 거창지원 2017.05.19 2017고단37
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

C is a juristic person established for the purpose of expanding the base of sports population and supporting the fostering of sports organizations, and the Defendant is a person in charge of managing and implementing subsidies related to sports events and C themselves, which are paid to C from July 2014 to November 7, 2015 while serving as the secretary general of the said Sports Council from around July 2014 to around November 7, 2015.

1. Occupational embezzlement;

A. The Defendant, with the knowledge of the fact that the difference between KRW 1,040,650, the sum of KRW 1,040,650 in the total amount of KRW 538,660 in the year 2013, and KRW 1,040,650 in the form of false approval for the purchase of penal detention at the F text points operated by E located in Sho-gun from January 1, 2013 to December 3, 2014 by the Defendant: (a) purchased penal detention from the F text points operated by E located in Sho-gun; and (b) received the said money for personal use by returning it from E, the main place of operation of the Seodaemun-gun.

After that, on December 3, 2014, the Defendant ordered G, an employee of the victim C, to find out KRW 1 million out of the difference arising from the foregoing from G, the main owner of the operation of the Seodaemun-gu store. The above G, upon the Defendant’s instruction, received from E the difference of KRW 1 million from 1 million due to the purchase of penal detention in cash, and then the Defendant was able to report to the victim C, and the Defendant did not return 1 million won paid as above to the victim C, and then arbitrarily used it for personal purposes, such as meal costs, and embezzled KRW 1 million from the victim C for business purposes.

B. On August 1, 2014, from around December 10, 2014 to around December 10, 2014, the Defendant: (a) purchased food at the J operated by L, which had been operated by L, and (b) purchased only food equivalent to KRW 615,620, and (c) purchased the food purchase price of KRW 2,843,850, in addition to the purchase price of the food; and (d) obtained approval of KRW 2,843,850, out of the funds owned by the victim C.

After that, the defendant is the victim C around December 10, 2014.

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