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(영문) 서울중앙지방법원 2015.04.23 2014고단8317
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Status of the Defendant and circumstances leading to the commission of the crime] The E Association, which is the victim of the instant case, is a central competition organization affiliated with the Korea Sports Council (hereinafter “Association”), and is obligated to comply with the Articles of Association and the provisions thereof (Article 5(1) of the Regulations of the Association, Article 12 Subparag. 1 of the Association’s Articles of Association), and shall obtain approval from the board of directors when it prepares a business plan and a budget bill before the beginning of each fiscal year, and intends to revise the important business plan and budget, and it shall obtain approval from the board of directors. The statement of accounts shall be

(Article 43 of the Franchis Association Regulations and Article 49 of the Association’s Articles of Incorporation). The Defendant, from around 1997 to around 2000, worked as the president of the Association from around 2001 to July 13, 201, as the president of the Association from July 14, 201 to September 6, 201, as the president of the Association; and as the president of the Association from September 7, 201 to January 15, 201, respectively, as the president of the Association from around 2002 to around 2012; the Defendant, from around 2005 to around 2008, took overall charge of tasks such as compilation and execution of the Association’s budget and accounting; and the Franchis Association from around 2008 to around 2009 to around 212, 209, respectively.

From around 197, the Defendant, while working as an executive of the Association, received the annual average budget of KRW 3,700,000,000 (the budget of KRW 5,500,000,000, which was held by the London Olympic Games) that was composed of government subsidies, the National Sports Promotion Fund, the contributions of enterprises and social organizations, and the contributions of its own budget, etc., while raising awareness of the Defendant’s personal activities by manipulating the budget of the Association by manipulating accounting documents, using the fact that the provisions such as the Association’s budget, accounting, audit, etc. are not properly amended and the internal and external control over the budget execution is unnecessary.

[Criminal Facts]

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