(영문) 전주지방법원 2015.03.12 2014고단2192

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(영문) 전주지방법원 2015.03.12 2014고단2192

횡령

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

Reasons

Punishment of the crime

The defendant is a victim C and a high school ward with no occupation, and is a person with no occupation.

1. On December 2010, the Defendant provided that “Around December 4, 2010, the Defendant would appoint 100 million won to the principal of the Kim Jong-sung Women’s Middle School (the name of D and E) who will deliver to the foundation, and would be expected to be appointed to the principal of the Foundation.” On March 4, 2011, the Defendant received KRW 100,000 from the victim before the second sentence of the Honam High School in the Hasan-gu Seoul High School (the name of D and E) on the part of the Foundation.

The Defendant delivered the above KRW 100 million to D on the same day, and D around that time delivered KRW 30 million among the above KRW 100 million to E and kept the remainder KRW 70 million.

However, the victim was not appointed as the principal of Kim Jong-sung Women's Middle School, and the victim requested the defendant to return KRW 100 million.

Accordingly, the Defendant delivered the victim’s intent to D, and delivered D a sum of KRW 4 million on March 15, 2012, KRW 48 million on March 28, 2012, KRW 18 million on March 28, 2012, and KRW 70 million on March 3, 2012 to the victim.

The Defendant was in custody of KRW 70 million for the victim, and around that time, consumed the Defendant’s personal use for the first time in Jeonju-si.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant received a request from the victim for return of money due to the absence of appointment of the principal of the victim as described in paragraph 1, and around October 22, 2012, the Defendant received 3.6 million won as entertainment expenses from “the victim would be appointed as the principal of the school affiliated with H foundation,” and delivered it to I, the chief of the Foundation’s general business.

However, the above I returned the money to the victim because the appointment is uncertain, and the defendant returned the above 3.6 million won.

The defendant was in custody of the above 3.6 million won for the victim, and around that time, he consumed it for personal purposes in Jeonju-si.

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