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(영문) 수원지방법원 안산지원 2017.10.19 2017고단1090
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person in charge of the disbursement of funds of the victim corporation, execution of subsidies for the victim, etc. while working from Sep. 2009 to Apr. 2017, 200 in Ansan-si, a victim-gu, a group of victim D, a group of victim C.

In around 2012, the Defendant was liable for the debt amounting to KRW 3 billion in the her husband’s business investment process, and the Defendant had experienced economic difficulties in paying KRW 10 million monthly to creditors due to principal and interest, etc., which led to the Defendant’s misappropriation of disbursement-related documents, which led to the Defendant’s embling of the victim’s support funds that had already been paid to the victims of the crime under the pre-payment of the subsidy.

Around March 27, 2015, the Defendant: (a) paid KRW 2.276,320 as medical expenses according to lawful procedures to F, a person eligible for support of the victim of the crime; (b) however, (c) instead of paying the medical expenses, the Defendant collected KRW 2.276,320 from the Agricultural Cooperative Account in the name of the victim corporation (number G) and embezzled the funds owned by the victim corporation for personal purposes at any time.

In addition, the Defendant collected 39,100,000 won through 132 times as indicated in [i] the attached crime list from February 25, 2013 to November 21, 2016 while keeping the funds owned by the victim corporation, which were deposited in the Agricultural Cooperative Account (number G, H, and I) in the same manner, from February 25, 2013 to November 21, 2016, and embezzled 39,000,000 won for personal use around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each disbursement resolution letter and a copy of the identification certificate of the past calendar, a copy of each subsidy execution statement, and a copy of each passbook;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the grounds for sentencing [the scope of recommended punishment] Class 2 (not less than 100 million won but less than 500 million won).

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