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(영문) 부산지방법원 2017.04.13 2016고단7515
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, 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 was a person who was a local representative of the Democratic Republic of C bean for the purpose of distributing, processing, selling agricultural products from August 2012 to November 25, 2015.

On February 11, 2015, the Defendant was established to promote friendly cooperation and mutual exchange between the Republic of Korea and the development counterpart countries, and to support the economic and social development of the developing counterpart countries (Article 1 and Article 3 of the Korea International Cooperation Organization Act). The Defendant entered into an agreement on a business cooperation program with the “business cooperation program for cultivating professional human resources for bean agricultural machinery in the Republic of Korea.”

The above Arrangement is to establish the Agricultural Machinery Technical School in the Democratic Republic of Cgo, to carry out the business of training professional human resources for agricultural machinery, and to support the above C to support the above C 349,687,987 won, and the above subsidy shall be used only for the above business.

On March 6, 2015, the Defendant received 244,781,591 out of the above subsidies from the International Cooperation Association of Korea to the account in the name of the Nonghyup Bank Co., Ltd., and subsequently remitted the said subsidies to the said subsidies to the said exclusive account used in the Democratic Republic of Congo.

From March 6, 2015 to July 1, 2015, the local corporate funds of the above C in the Democratic Republic of Congo were insufficient, and 57,371 of the above subsidies were withdrawn, and embezzled using them as business funds such as personnel expenses of the above C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to D, E, and F;

1. (States)C's principal account, (State)C's own account, (State)C's own account, international cooperation short agreement, request for supporting documents pertaining to non-recognized amount of international cooperation in Korea, details of non-recognized amount in 2015, details of use of funds for C's operations, details of borrowing funds for C's operations, and payment of money (2015);

1. An investigation report (verification of unexecution amount relating to embezzlement of grants for international cooperation short of Korea).

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