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(영문) 제주지방법원 2014.05.22 2013고단1504
업무상횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A’s occupational embezzlement is the F of the victim’s Korean bus mutual aid association E branch (hereinafter “victim’s branch”) and was in charge of overall fund management, such as business revenue management, business expense disbursement, etc.

The Defendant, as a person in charge of fund management of the victim’s branch, paid the amount higher than the actual amount of money supplied from H “H” as a person in charge of fund management of the victim’s branch, and was willing to embezzled funds of the victim branch by receiving the difference in cash.

Around August 2007, the Defendant paid 2.45 million won as the price for banner to H despite that the victim’s branch was supplied with a banner of 1.150,000 won from H in fact at the victim’s branch office of the 6th floor in Jeju Island, and used it.

The Defendant embezzled 4,540,000 won in total of the funds of the victim’s branch five times from the above date to August 2009, as indicated in attached Table 1 of Crimes List 1.

2. The Defendant’s fraud, in entering into a rooftop waterproof construction contract with the victim’s branch, was anticipated to have approximately KRW 11 million of construction cost, but Defendant B, a person in charge of the victim’s branch, used that he did not have expertise in waterproof construction to enter into a construction contract with an amount higher than the actual cost of construction.

On November 9, 2009, the Defendant, at the office of the victim's branch of the 6th floor I in Jeju-si, entered into a rooftop waterproof construction contract with the victim's branch by lending the name of the J and submitting a written estimate stating "the cost of the construction work, including material cost of 10.5 million won, labor cost of 9.5 million won, and cost of the construction work, including cost of 21 million won, profit of 9.5 million won, and value-added tax of 3.2 million won," "the cost of the construction work, including cost of materials, of 10.5 million won, 10.5 million won, 8.910,000 won, scar rent of 90,000 won, and 1.6.4 million won, respectively,"

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