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(영문) 서울동부지방법원 2017.02.09 2016고단2942
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

From July 1, 2015 to June 30, 2016, the Defendant served as the president of the Victim B, a community service organization, and took charge of the affairs of the said juristic person, representing the said juristic person and promoting the management and purpose of the property of the said juristic person. The victims received approximately KRW 2,100,000, annual membership fees, support money, support money, etc. from around 2,100 members and used them as operating funds.

1. Around September 7, 2015, the Defendant: (a) deposited the above funds in the victim’s office located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, 203, and deposited them into the victim’s foreign exchange bank account (Account Number D); (b) instructed E, the secretary general of the victim’s office, to transfer KRW 10,30,000 from the above operating funds to the Defendant’s corporate bank account (Account Number F); (c) around that time, he used the funds as operating expenses, etc. of the G corporation operated by the Defendant in the name of the Defendant; and (d) embezzled the funds for personal purposes, such as operating expenses, etc. of the G corporation from around December 10, 2015 to around December 12, 2015.

2. While embezzlement of voluntary use of a corporate card was kept and used in business by one bank (credit number H) in the name of the victim, the Defendant embezzled the amount of KRW 2,072,40,000 for the employees of the said GG corporation by paying the said card and embezzled it in around January 18, 2016, as shown in the attached Table of Crimes List (2) from that time until March 25, 2016, by settling KRW 19,325,183 in total under the said card with the said card, for employees’ awareness and children study expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecutor by the J;

1. A criminal investigation report (Attachment of the details of embezzlement), data on the transfer of corporate accounts, and data on the use of corporate cards;

1. Application of an investigation report (Attachment to B corporation accounts, etc.), corporate accounts, and A personal account statutes;

1. Criminal facts;

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