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(영문) 제주지방법원 2015.09.23 2015고단441
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 6, 2013, the Defendant was sentenced to a suspended sentence of 8 months in the Jeju District Court, which was sentenced to 2 years of imprisonment for fraud, and the judgment became final and conclusive on December 14, 2013.

From June 1, 2005, the Defendant is working for the “D Market” in Jeju City as the president of the D Market.

On August 13, 2009, the Defendant: (a) entered into an agreement with the Microfinance Foundation and Jeju city, which is the victim, to keep and manage “small Traditional Markets Welfare Project Subsidies” for small merchants of traditional markets supported by the Victim Microfinance Foundation.

On September 15, 2009, the Defendant received KRW 95,000,00 from the said Victim Microfinance Foundation to the Jeju Bank Account under the name of the Defendant, and paid it as loans to 18 persons, such as merchants E, etc. who belong to the D market.

From July 23, 2010 to February 28, 2011, the Defendant embezzled KRW 85,00,000,000 in total from the balance of subsidies of KRW 95,000,000 and KRW 85,000 in total from around July 23, 2010 to around February 28, 201, which was repaid from the said 18 merchants, including E, from the above 18 merchants, and embezzled KRW 85,00,00 in the Defendant’s account at around July 23, 2010 as well as arbitrarily collected KRW 20,00,00 in the Hana-si Forest Branch of Jeju-si, Jeju-si around July 23, 201, at around seven times from the above date to February 28, 2011, using the amount of KRW 85,00,000 in total as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of recommendation of a market for participating in the small loan support projects for traditional markets, request for the first installment of subsidies for small loan welfare projects for traditional markets in 2009, details of subsidies granted, and forwarding investigation data;

1. Details of transactions;

1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes for criminal investigation reports (reports accompanying the accused's decisions, etc.);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (general) and choice of imprisonment with labor for a crime;

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