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(영문) 서울북부지방법원 2013.11.21 2013고합125
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of 15 million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is the president of the PAssociation, an incorporated association, who exercises overall control over the operation of the Association, such as fund execution.

The Defendant, using the foregoing Association established and operated by himself, issued a certificate of qualification to junior college students who are relatively vulnerable to employment, received the fee and received the fee, and recruited applicants through instructors belonging to Q, R, and S, who recruited applicants for qualification through the method of paying the fee of 10 to 20%.

On July 8, 2005, the Defendant paid 10,001,300 won to the Defendant’s creditor, who is a creditor of the Defendant, and arbitrarily used the fee for issuing the certificate from the applicants, such as U, etc., in the office of the Victim PAssociation, which is the fiveth floor of the Seoul Jung-gu Tbuilding, to pay the personal debt.

In addition, from January 20, 2005 to December 31, 2010, the Defendant deposited KRW 2,815,593,108 in total over 5,584 times from January 20, 205 to December 31, 2010, with a total of KRW 5,584,00,00 in the account under the name of the Association (Korean bank W, X of New Bank, Y of National Bank, Nonghyup), and the account under the name of the Defendant (Seoul), and kept in business for the victim. From January 19, 2005 to December 30, 2010, the Defendant knew of the amount of KRW 1,559,101,470 in total, including real estate purchase, loan principal and interest repayment, personal debt payment, university AB’s payment, college credit card payment, purchase and settlement, private loan payment, purchase of clothing, etc. as indicated in Table I.

2. Defendant B is the president of the AC Association, an incorporated association, who exercises overall control over the operation of the Association, such as fund execution.

The accused shall receive subsidies from the Republic of Korea (the Ministry of Culture and Tourism) and the National Sports Promotion Foundation.

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