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(영문) 대구지방법원 경주지원 2019.03.21 2018고단836
업무상횡령등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant engaged in occupational embezzlement from January 2014 to March 2018, as the president and the chief director of the Foundation C (hereinafter “C”) of the Victim Incorporated Foundation C (hereinafter “C”) located in racing-si, and was engaged in the business of managing corporate funds while taking overall charge of corporate affairs.

On November 2015, the Defendant received a demand from E who was on the part of C office to return the contribution made by E to C while working as the head of the cultural research office for the said corporation, and had the human resources supplier file a false claim for the personnel expenses of the excavation site conducted in C, and had the human resources supplier pay the personnel expenses that the false claim was made to E as the return of the contribution.

On November 2015, the Defendant instructed F, the Director of the Survey and Research Office, to the effect that “When receiving excavation expenses in January and February 2016, the Defendant received contributions from E and received them,” and the F, upon receipt of the said direction, requested F, the Plaintiff, the representative of (ju) G, who was a human resources supplier, to make a false claim for the personnel expenses of the employee who did not work at the actual site and to pay them to E.

Upon such request, H around November 30, 2015: (a) around November 30, 2015, under the name of “inside personnel expenses for the interior report in November 2015, H 16,961,070 won,” and (b) around December 31, 2015, the victim C claimed KRW 13,675,618 for false personnel expenses under the name of “inside personnel expenses for the interior report in December 2015,” respectively; and (c) the Defendant approved the aforementioned false personnel expenses claim document, after deducting KRW 16,961,070, and KRW 13,675,618, under the name of “inside personnel expenses for the interior report in November 23, 2015; and (d) the Defendant had C pay KRW 13,678,3786,378,208,3786,208,3786,286,3786, etc.

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