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(영문) 서울서부지방법원 2018.08.08 2017고단3648
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 1, 2008, the Defendant joined the victim foundation B, and was in charge of the receipt and disbursement of money from around 2009 to December 31, 201, and from April 27, 2015 to December 31, 201, when he/she was in charge of the duties, such as receipt and disbursement of money.

1. By December 26, 200, the victim’s customer support team was in charge of settling the lecture fees received by the personnel in charge of the guidance center and depositing them into financial institutions, taking overall charge of the guidance center for the registration of lectures and the receipt of tuition fees, etc. of the students.

1. The Defendant reported the details of the settlement of tuition fees only once a month from March 2012 by the victim’s vehicle to March 2012. However, on April 2012, the victim’s vehicle should be reported daily, but deposit at a high bank formed in the following day in the following-day form rather than on the day’s day, and after the receipt of tuition fees, if it is changed retroactively to the computer date on which the program for managing tuition is installed on the next day or the next day, it is entered as cancellation on the day of receipt of tuition fees, and if it receives tuition fees in cash, it is returned in cash upon cancellation on the day, using the fact that the student’s cancellation was not a fact on the day, it was entered in the program for managing tuition fees on the same day, and re-registered the student, excluding the amount of tuition fees, and then operated the computer program in an irregular manner, thereby appropriating tuition fees by not appropriating it as revenue.

On December 5, 2011, the Defendant received tuition fees of KRW 90,000 from D in the victim's guide room in Seoul, which was kept for business purposes. On December 6, 2011, the Defendant entered the management program as cancellation on the same day even though D did not cancel D's class while settling tuition fees received by the employee in the guidance room on December 6, 201.

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