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(영문) 서울중앙지방법원 2016.05.13 2015고단4404
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for one year and for four months, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

[Judgment] On December 18, 2013, Defendant B was sentenced to a suspended sentence of two years for a crime such as alteration of official documents at the Seoul Western District Court, and the judgment became final and conclusive on the 27th of the same month.

[Criminal facts]

1. From February 1, 2008 to October 2013, Defendant A delegated the right to operate I (hereinafter “I Center”) located in Eunpyeong-gu Seoul Metropolitan Government H from the victim F Association (representative G) to the victim’s association (hereinafter “the victim’s association”), and as the head of the I Center, he/she was in charge of employment of workers and employees of the I Center, financing and operation, and promotion of various profit-making projects.

On December 3, 2010, the Defendant: (a) transferred KRW 2.3 million from J, which is the business partner, to a fisheries cooperative account in the name of the Defendant using it for personal use; (b) transferred the amount of KRW 2.3 million to the Defendant’s account in the name of the Defendant using it for personal use; (c) deposited the remainder of KRW 300,000 in the said fisheries cooperative account in the name of the Defendant; and (d) embezzled the amount of KRW 300,000 from the time of voluntary consumption of cell phone charges, etc. to May 13, 2013; and (e) embezzled the amount of KRW 37,346,528 in total for personal use, such as personal credit card settlement and mobile phone charges, on the same day.

2. Any person who intends to be designated as a production facility for products manufactured by persons with severe disabilities among violations of the Special Act on Preferential Purchase of Products manufactured by persons with severe disabilities against the Defendants shall obtain designation from the Minister of Health and Welfare in compliance with the standards for facilities prescribed by Presidential Decree and the employment ratio, quality requirements, etc. of persons with severe disabilities, and shall not use the name of the production facility for products manufactured by persons with severe disabilities without such designation, and no designated person shall lend

A. Defendant A is the defendant on January 13, 2009.

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