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(영문) 수원지방법원 2019.02.18 2017고단8568
업무상횡령
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. The Defendant is a person in charge of the financial management, operation, etc. of the C Middle School Festival, together with the executive officers of the said Committee, by holding a position in the “Cmiddle School Festival Steering Committee” as a supervisor of the Cmiddle School Festival located in Ansan-si from February 2012, and having the said Committee recruit players and keep regular membership fees, training fees, etc. paid from members of the said Committee in general.

On October 21, 2012, the Defendant: (a) had a general secretary F, who keeps a bank passbook in the name of 100,000 won in which the membership fee of the said bank was deposited; (b) had him withdraw 2,80,000 won on a one-time check in the name of 100,000 won; and (c) had him voluntarily consumed it for personal purposes from a day-time day in Ansan city around that time; and (d) had 83,60,000 won in total by the same method over 40 times from May 1, 2014, as shown in the list of crimes (1) in attached Form 40 times, voluntarily consumed it for personal purposes;

B. On August 1, 2012, a debit card connected to the above E bank passbook that the victim’s membership fee was kept by the commission’s general secretary at the non-permanent site was kept for business purposes. At around that time, the payment of KRW 105,00 with the above debit card was made voluntarily from the G restaurant located in Ansan-si around that time, and the payment was made voluntarily, and from that time until April 1, 2014, the sum of KRW 18,714,268,511,668 with the above debit card was 18,71 times in total by the same method, such as the list of crimes (2) in attached Form No. 2, from that time until April 1, 2014.

voluntary consumption by settlement of the class;

C. On August 21, 2012, the Plaintiff paid KRW 111,150 to the Defendant’s use fee of the Handphones used by the Defendant in the above E-bank passbook where the victim’s membership fee was kept, and paid KRW 2,623,810 in total by the same method 18 times from that date to April 21, 2014, as indicated in the attached crime inundation (3) in the same manner as indicated in the attached list of crimes (3).

Accordingly, the defendant was under custody in the course of business.

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