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(영문) 전주지방법원 2012.08.16 2012고단892
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

The Defendant, from March 2003 to August 8, 201, was in office as the Secretary General at the Korean Association of Victims D University (hereinafter “victims Association”) located in Full-time Seoul Special Metropolitan City (hereinafter “victims Association”) from March 2003 to August 3, 201, and was engaged in the management and enforcement of the funds of the Victim’s Literature Association and the Scholarship Foundation of Korea University Korea Scholarship Foundation (hereinafter “victim Foundation”).

On August 31, 2005, the Defendant voluntarily used the funds of the victim’s question meeting for the personal purpose by consuming the money from the victim’s question meeting in a manner such as consuming the money for entertainment expenses, etc., which the Defendant had been in custody in the course of business for the victim’s question meeting. The Defendant voluntarily used the funds of the victim’s question meeting for the personal purpose.

From March 9, 2011, the Defendant arbitrarily used the total amount of KRW 380,214,353 for personal business, such as investment funds, hospital expenses, living expenses, golf expenses, and overseas travel expenses, 82 times in total as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled the assets of the victims in violation of their occupational duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the submission of a transaction statement made by account transfer with money embezzled by A), D major account statement, revenue and expenditure statement, revenue and expenditure statement, reference materials submission (passbook copies and transaction details);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent offenders, the sentencing reasons for the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the amount embezzled by the Defendant while holding office as the Secretary General of the Korea National University Association of D University, is a total of KRW 380,000,000; and (b) most of the embezzled amount is an individual business.

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