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(영문) 청주지방법원 충주지원 2017.06.21 2017고정43
업무상횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The "victim C" is a social welfare foundation that performs community welfare research and study projects, various social welfare projects, etc. with the address in Chungcheong City D, and the defendant has been engaged in general management of social welfare projects as the representative of the above victim from February 2, 2014 to that of the above victim.

On January 22, 2013, the Defendant received 10 million won of designated deposit money under the pretext of investigating and operating expenses for the desire in areas with low-income concentration (business period: from January 1, 2013 to December 31, 2013) from the Social Welfare Fund Joint Collection Association, and deposited it in the Agricultural Cooperative Account (E) in the name of the victim for the victim and kept it for the victim. On August 1, 2014, the Defendant transferred KRW 70,000 to the new account (I) in the name of the said G as if he/she purchased office supplies, etc. from the said G to the Agricultural Cooperative Account (J) in the name of the Defendant on the same day, and used it for personal purposes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against K and L;

1. Each police statement made with respect to G, M, or N;

1. An application for the distribution of designated donation projects, the case of distribution of designated deposits, a plan for a distribution project of the community welfare fund-raising association of Chungcheongbuk-do, a revenue disbursement account book, and a tax account statement of the purchaser;

1. Inquiries about the verification of transaction details, the first executive officer's minutes, the copy of the bank account book, the new equipment ledger, estimates, delivery books, the list of total tax invoices by customer, and the details of liquidity transactions;

1. AFFC Account and AFC Account in the name of NAC (deposit of KRW 10 million);

1. Each loan certificate, each revenue resolution, and each cash withdrawal payment [the defendant is required by N, the former representative of the victim who lent 7 million won to the victim for the purchase of office supplies, and the defendant returned the above loan amounting to seven million won at his own expense.

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