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(영문) 수원지방법원 여주지원 2014.07.14 2014고단303
업무상횡령등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A serving as the secretary general of the victim welfare foundation E, who had overall control over the management and execution of the above corporation from June 1, 2001 to December 2, 2008, from January 23, 2009 to November 16, 2009, from May 4, 201 to December 21, 2012, while working as the director general of the victim welfare foundation E, who had overall control over the management and execution of the above corporation. The representative director of the above corporation did not work full-time at the office, and was willing to embezzled the corporation’s funds under the custody of the Defendant on duty by taking advantage of the fact that the Defendant actually controlled all the business affairs of the above corporation.

On January 21, 2008, the Defendant embezzled the amount equivalent to the above money by withdrawing KRW 2.1 million from the national bank account under the name of the said corporation in cash and making it deposited into the G bank account in the name of the G, and ordered the F to keep the amount embezzled as above in advance under the pretext of advance payment against the limited liability company H, which can be deemed the subsidiaries of the said corporation. In order to avoid this, the Defendant instructed F to keep the amount embezzled as above, under the pretext of advance payment against the limited liability company H, which can be deemed its subsidiaries.

Ultimately, the Defendant embezzled KRW 2,10,000,00 owned by the said corporation by the foregoing method from December 17, 2012 to deposit a total of KRW 300,634,766 in the Defendant’s account in the name of the Defendant, such as in the attached Form List of Crimes, and embezzled the said money by using the following method: (a) around that time, the Defendant deposited a total of KRW 136 times in the account in the name of the Defendant, and (b) embezzled it by using the foregoing money in the liquor value, vehicle installments,

2. Defendants’ co-principal conduct

A. Defendant B, while working as the chief of the general affairs of the foregoing legal entity from June 11, 2001 to July 31, 2013, was in charge of the business of managing and executing funds of the foregoing legal entity. Defendant A is anticipated to drive away himself from the foregoing legal entity by the officers of the religious group opposing the chief of the religious affairs division, and then Defendant B would drive away from the said legal entity. In response to this, Defendant B is anticipated to drive away from the said legal entity.

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