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(영문) 서울중앙지방법원 2015.06.26 2014고합1400
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From around 208 to 2015, the Defendant, as the chairperson of F, an incorporated association (hereinafter referred to as “F”) and H (hereinafter referred to as “G”), a incorporated association (hereinafter referred to as “H”), engaged in overall administration, including F and H management, operation, and budget execution, as the chairperson of the incorporated association (hereinafter referred to as “H”).

From around June 2008 to June 2014, the Defendant received 660,020,000 won in total from E as F’s account (Account Number I, J), from around 2009 to June 2014 as F’s account opened in the name of K, and from around 2009 to June 2014, the Defendant received 565,527,730 won in total as F’s account (Account Number K and L). From around 2009 to June 2014, the Defendant received a total of 1,27,849,00 won in business expenses related to the nationwide Federation Promotion Project, sports-for-all events by issue, national sports-for-all events, national sports-for-all events, and traditional sports-for-all distribution projects in the name of H’s foreign exchange bank account (Account Number M, N,O, P, Q) in the name of H.

1. Occupational embezzlement;

A. On May 30, 2008, the Defendant received subsidies from the victim E in the name of the game support fund, and kept on behalf of the victim in the course of carrying out business, as if he had been disbursed under the pretext of the tour tour allowance, which is the purpose of the above subsidy, transferred the amount of KRW 5 million from the Suhyup account (Account Number I) in the name of F to the Suhyup Account (Account Number S) managed by the Defendant, and then re-exploded in cash and used it as the Defendant’s activity expenses.

In addition, from the above date to May 30, 2014, the Defendant transferred total of 382,50,000 won of subsidies to the account in the name of 12 persons, such as Telecommunication managed by the Defendant, and embezzled the property of the victim at his own discretion by withdrawing in cash and using it again.

(b)the embezzlement of subsidies through the payment of false adjudication allowances 1.

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