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(영문) 울산지방법원 2020.01.14 2019고단3978
업무상횡령
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of seven hundred thousand won, and Defendant C shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

A served as the president of the E-social welfare center affiliated with the Social Welfare Foundation D for the purpose of distributing, evaluating, operating, managing, etc. the joint raising funds from around June 1, 201 to October 2018, and controlled the management and distribution of fund-raising funds and the management of funds and employees of the instant social welfare center. From January 1, 2012 to February 28, 2019, Defendant B was in charge of the management and distribution of fund-raising funds and the management of funds and employees of the instant social welfare center by assisting Defendant A while working as the director of the said social welfare center. Defendant C was in charge of the management and distribution of fund-raising funds and the management of funds and employees of the instant social welfare center from around 2010 to December 2016.

G From around 2010 every year, G Co., Ltd. conducted a project to support a deadly low-income Onnuri gift certificate (hereinafter “instant support project”) that designates low-income groups in the Dong-gu area of Ulsan-gu as eligible persons and supports the amount of KRW 10,000,000 (hereinafter “instant gift certificate”) equivalent to KRW 100,000,000,000 to the victim’s social welfare foundation H (hereinafter “victim H”), and the victim H delivered the instant gift certificate to the instant social welfare center and distributed it to the low-income groups in the region of Ulsan-gu, Ulsan-gu.

Defendant C requested Defendant A to the effect that “any part of the gift certificates of the instant support project shall be deducted.” Defendant A, as so demanded, deducted part of the gift certificates of the said low-income group support project through Defendant B, and planned to deliver them to Defendant C or to deliver them to employees of the instant social welfare center.

1. The explanation of the year 2015.

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