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(영문) 전주지방법원 남원지원 2015.12.15 2015고단188
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, from November 1, 2004 to February 28, 2014, has executed various business subsidies and subsidies provided in D while serving as the secretary-general of the victim Dnet Chang-gun Branch Office located in the Jeon Chang-gun Branch Office in the Jeon Chang-gun Branch Office, and has been in charge of accounting management and reporting the settlement of subsidies.

In contrast to the budget statement, the defendant has executed the subsidy granted from the net Chang-gun by falsely paying to the supplier for the price of goods and service expenses necessary for the implementation of the relevant project, or by receiving a refund of the difference between the actual price of goods and the actual price of goods from the supplier, etc., unlike the budget statement, the defendant submitted a false receipt on the detailed statement of payment for each item, or submitted a false document of payment to the net Chang-gun as if he paid the subsidy normally every year.

The defendant knew that the management supervision of E, the chairperson of the victim, is neglected and the F audit is conducted formally, and he thought that he was using the victim's subsidy which was being returned from the supplier related to the subsidy project in the course of business in mind.

On or before July 6, 2010, the Defendant: (a) requested H to “G” operating a “G to pay more than the actual purchase price; (b) return the remaining money to the account or cash; (c) obtained the consent of the said H; (d) around July 6, 2010, around 1,350,000 won as the price of supply; (e) around October 6, 2010, around 1,650,000 won as the price of supply; and (e) around December 31, 2010, around 1,607,50,000 won as the victim’s corporate card; (b) paid the sum of KRW 750,000,000 in total with the victim’s corporate account; (c) received KRW 1,607,500,000 from the victim’s account around November 10, 2010; and (d) received the Defendant’s account number under the name of the No. NA around 10, October 10, 10.

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