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(영문) 대전지방법원 천안지원 2016.05.27 2016고단330
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On January 17, 2014, the Defendant was sentenced to a suspended sentence of 1 year in the Seoul Northern District Court for fraud, etc. on the 25th day of the same month, and the judgment became final and conclusive.

[Criminal facts]

1. The Defendant violated the Act on Business Embezzlement and the Collection and Use of Donations from March 2012 to December 2013, 2012, serving as the branch president of the Korea Disabled Persons Association B (hereinafter “victim Branch”) affiliated with the victim’s association, which is the victim’s association, and has overall control over the affairs of the branch of the victim and engaged in the management of the fund.

A. On June 2013, the Defendant, at the victim branch office in Seoul C and the first floor, received approximately KRW 20 million in total in the market price as the support for disabled persons from D and kept in custody for the victim branch office for the victim. Around that time, the Defendant, who had been introduced through the vice-chairperson of the victim branch office in the above office, received KRW 80,000 from the victim branch office in order to receive KRW 30,000,000 from the victim branch office E and sold it in mind.

As a result, the Defendant embezzled about KRW 20 million for business purposes and used donated goods for purposes other than the purpose of solicitation.

B. On January 30, 2013, the Defendant, at the office of the victim branch office, transferred 3 million won as donations from Company G to H’s corporate bank account (Account Number: I), and was in custody for the victim branch, and used for personal purposes, such as living expenses, in Seoul B around that time.

In addition, on December 20, 2013, the Defendant received donations of KRW 3.3 million from G to H account in the office of the victim branch office, and used the donations of KRW 3.3 million for the victim branch office for the purpose of the victim branch office. Around that time, the Defendant used the donations of KRW 3.3 million for personal purposes, such as living expenses, in Seoul B.

As a result, the Defendant embezzled 6.3 million won in total on two occasions, and used donations for purposes other than the purpose of collecting donations.

2. The Defendant is occupational embezzlement.

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