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(영문) 광주지방법원 목포지원 2016.01.22 2015고단309
업무상횡령
Text

Defendant

B and C shall be punished by imprisonment for ten months.

However, as to the defendant B and C, the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

C On January 17, 2013, the Seoul District Court rendered a two-year suspended sentence of imprisonment with prison labor for occupational embezzlement, etc. on August 25, 2013 and the said judgment became final and conclusive on January 25, 2013.

A is the representative director of the victim G of the victims’ welfare foundation G located in the former Tanan-gunF, Defendant C is the secretary of the victim’s foundation, and Defendant B is the senior citizens working for the director of the medical center operated by the victim’s foundation, who is engaged in the business of managing the revenues and expenditures of the above social welfare foundation, and the financial accounts of the social welfare foundation should be operated in a sound manner according to its purpose of establishment, and both revenues and expenditures should be included

1. Defendants B and C’s joint crime related to the welfare expenses, and Defendant C, upon paying benefits to employees (B, H, and I) who did not actually work for the victim corporation, were investigated into the crime of embezzlement of the victim corporation by repaying the obligations to the J church of the said corporation with the said non-financing funds, and then by taking back the benefits. A and Defendant C decided to collect or directly recover 13,621,555 won embezzled from the JJ members and return them to the victim corporation on August 11, 2011.

Accordingly, A and the Defendants borrowed money from K, etc. in accordance with the above resolution and completed the return of the amount of embezzlement to the victim corporation, and the refund money returned as above was included in the budget of the elderly medical center operated by the victim corporation and other welfare expenses.

around December 201, the Defendants paid the money refunded from the budget for other welfare expenses to Defendant B, etc., the head of the above medical care center, under the name of the employee welfare expenses, and using this, Defendant B borrowed money from Defendant B for the purpose of operating the said legal entity.

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