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(영문) 대구지방법원 김천지원 2014.02.26 2013고단1561
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around April 10, 2010, the Defendant was engaged in the management of the fundamental property worth KRW 579 million, which was owned by the victim’s social welfare foundation C, as the actual representative of the victim’s social welfare foundation C, which was established in the Gu-U.S. Si, Si, 2010, by depositing the basic property into

On March 25, 2011, the Defendant embezzled KRW 490 million in total two times, by remitting KRW 350 million to the account under the name of the Defendant, in violation of his/her duties, while he/she was in the custody of the victim’s fundamental property for profit, at the Magu Bank Ma-dong, Daegu-gu, Daegu-gu, Daegu-gu, in order to use the said basic property as a loan. On April 22, 2011, the Defendant embezzled KRW 140 million in total, from among the said basic property, to E, under the pretext of the loan.

2. Where a social welfare foundation that violates the Social Welfare Services Act intends to sell, donate, exchange, lease, provide security, or change its use with respect to its fundamental property, it shall obtain permission from the Mayor/Do Governor;

Nevertheless, without obtaining permission from the competent authorities, the Defendant changed the use of the basic property for profit-making purposes of social welfare foundation C without permission under the same paragraph, such as repayment of debt, loan, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes certifying details of deposits transactions;

1. Articles 356 and 355(1) of the Criminal Act applicable to the relevant criminal facts (including the point of occupational embezzlement, inclusive) and Articles 53 Subparag. 1 and 23(3)1 of the former Social Welfare Services Act (Amended by Act No. 10997, Aug. 4, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is strictly limited to the defendant's use and disposition.

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