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(영문) 서울서부지방법원 2014.10.01 2013고단1298
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person registered as the president of the F kindergarten or F Child Care Center in Mapo-gu Seoul Metropolitan Government;

On November 208, the Defendant, at the above F Kindergartens and F Child Care Centers from February 25, 2009, set the period from around February 25, 2009 to the time when G cannot operate the said kindergarten and child care center as H redevelopment project, provided that G would receive KRW 3,50,000 per month, and that G would generally lease the said kindergarten and child care center, and that G would operate the said kindergarten and child care center, but the Defendant agreed to cooperate with the operation of the kindergarten and child care center.

Accordingly, the defendant created a corporate bank I, J, K, L, and M account so that G can manage childcare subsidies, etc.

However, around October 201, the Defendant demanded the redevelopment project of the above H to raise the rent to the late G and expressed his intent to terminate the contract if he refuses to comply with the request. G claims the breach of contract and the penalty and the deposit money are to be paid to the director. From November 201, the Defendant changed the password of the above account around June 25, 201.

As such, the Defendant changed the password of the above five accounts, and embezzled the amount of KRW 10 million from the above K account to the K account in the name of the Defendant’s arbitrarily, on June 28, 2012, the Defendant transferred the amount of KRW 10 million from the above K account to the K account in the name of the Defendant’s payment, and then embezzled by arbitrarily transferring the amount of KRW 9 million to the K bank account in the name of the Defendant’s name.

From Embling to November 30, 2012, the Defendant arbitrarily uses the same method over a total of 15 times, such as the list of crimes in the annexed sheet, in the name of the Defendant’s salary, etc., 148,869.

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