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(영문) 창원지방법원 거창지원 2017.01.25 2016고단275
업무상횡령
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant works as the president of G, which is a welfare facility for the elderly, for the elderly by taking advantage of the Buddhist Chocheon-gun E, Gyeongcheon-gun, and has overall control over the management and enforcement of the F and G operational expenses of the victim E.

1. The Defendant’s sole crime was managed by the Defendant around October 6, 2014.

The transfer of KRW 30,00,000 from the account of F operating expenses in the name of E (the Nonghyup Bank, the NongHyup Bank, the account number: H) to the J Nong Bank account in the name of J (K) that is an enterprise in which the defendant personally operated, transferred KRW 30,00,00 to the account in the name of M (the Nonghyup and the Account Number N) that is the defendant's child, and then voluntarily consumed the purchase price of the I site operated by the defendant.

In addition, from February 17, 2012 to October 6, 2014, the Defendant arbitrarily embezzled KRW 120,627,219 of the total operating expenses of F and G owned by the victim E on seven occasions in total, such as the list of crimes, as shown in the attached list of crimes.

2. Around March 2015, the Defendant, who had been the president at the time when the executive organ was replaced due to the election of the new burial room for E around March 2015, paid the remainder of the F new construction work for which the settlement of construction cost had been completed in around 2012, to O for the remainder of the construction cost, as if the remainder of the F new construction work still remains, and O returned it again to the Defendant.

On May 14, 2015, the Defendant deposited KRW 11722,00,000,000,000 in the Nong Bank account (H), which was deposited in the Nong Bank account (H), the management expenses of the Defendant, into the O bank account under the name of the O.O. On May 15, 2015, theO deposited KRW 42 million in the Nong Bank account in Q Q’s name (R) account designated by the Defendant; KRW 45 million in the Nong Bank account in S’s name (T); and KRW 45 million in the Nong Bank account in U’s name (V).

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