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(영문) 대전지방법원 홍성지원 2016.05.19 2015고정208
업무상횡령
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 1, 2011 to December 31, 2013, the Defendant is a person who has been in charge of fund management while working as a branch office at C Branch of the Korea Disabled Association, a branch office of the Korea Disabled Association, and D has been in charge of fund management for the same period. D is a person who has been in charge of fund management affairs at the above branch office from February 20, 201 to December 31, 2012.

1. Around May 201, the Defendant was willing to consume the donations received from many people, including D and Chungcheongnam National Association of the Disabled Persons Association C in the name of the Association of the Disabled Persons C branch in the name of the Korea Association of the Disabled Persons C branch in the name of the Ministry of Health and Welfare, as leave expenses, on condition that the donations were used for the purpose related to the disabled.

The Defendant was in charge of the management of funds while he/she received donations from the above-mentioned branch located in Chungcheongnamnam G around July 25, 201 from D and the defendant was in charge of the management of funds while he/she was in charge of the management of funds for the branch of the damaged party.

He received 250,000 won from H to the Defendant’s account as a leave fee, and from around that time to January 20, 2012, he received a total of KRW 1,500,000 in the same way through six occasions, such as the one in attached crime sight table 1, and consumed it for personal purposes, such as living expenses.

Accordingly, the defendant embezzled the property of the victim's branch in collusion with D.

2. On April 2012, the Defendant, together with D and E, proposed to consume support payments received from many individuals, including I, a personal sponsor, in the name of the foregoing branch, for a purpose related to the disabled, under the condition that such support payments were used for the purpose related to the disabled.

The Defendant was in charge of the management of funds while he/she received donations from the above-mentioned branch located in Chungcheongnamnam G around July 25, 2012 for the purpose of the branch of the injured party, and was in charge of the management of funds.

The transfer of KRW 300,00 from E to the Defendant’s account as a leave fee shall be made between the time of transfer and September 13, 2013.

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