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(영문) 서울중앙지방법원 2015.05.28 2014고단9730
업무상횡령
Text

Defendant

A Imprisonment with prison labor for one year, for two years, for a fine of 5,00,000 won, and for Defendant C, shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

[Status of Defendants] The I Association, an incorporated association, (hereinafter “Association”) is established on October 1, 1965 for the purpose of improving national health, promoting medical welfare, and developing and spreading physical therapy, and is a public interest organization established and operated by the National Special Metropolitan City, Metropolitan Cities, and Dos.

Defendant

A served as the president of the Association from November 1, 2010 to December 31, 2012, while exercising overall control over all the affairs of the Association. Defendant B, from December 1, 2009 to December 31, 2012, was in general in charge of all the affairs of the Association, while serving as the president of the Association K, the president of the Association K from January 1, 2013 to January 3, 2014, and Defendant C, while serving as the full-time director of the Association from November 1, 2012 to November 2, 2013, was in charge of both J finance, accounting and funds enforcement.

【Criminal Facts】

1. On November 17, 2010, Defendant A purchased the amount equivalent to KRW 398,000 from the 12th floor member service center of the M department store located in Gangdong-gu Seoul Metropolitan Government, which is an individual goods, at the 12th floor member service center of the 12th floor of Gangdong-gu, and paid the amount with a physical card in the name of the victim association that was under the business custody.

In addition, from September 14, 2010 to December 5, 2012, the Defendant embezzled an amount equivalent to KRW 100,610,940, total amount of funds of the Victim Association, which was in business custody, in a way that the Defendant transferred the funds of the Association from around September 14, 2010 to the bank account under the name of the Defendant, as shown in the attached Table of Crimes (1), (2), and then arbitrarily uses the funds of the Association for personal purposes or makes the funds of the Association using the check card and credit card in the name of the Association for personal purposes.

2. Defendant B, C

A. On January 1, 2013, Defendant B: (a) immediately after having taken office as the president of the Association on January 1, 2013, Defendant B used the Defendant C’s credit card (credit card No. N) in the name of the Association to be delivered to other executives and employees; and (b) the said vehicle’s oil and household goods using the said credit card in the vicinity of the Defendant B’s residence located in the Guri-siO from January 8, 2013 to November 4, 2013.

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