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(영문) 서울중앙지방법원 2013.10.16 2012고정6562
업무상횡령
Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was the Chairperson of D, an incorporated association, from October 23, 2006 to June 27, 201, and Defendant B, from February 8, 2009 to June 27, 201, took overall charge of administrative affairs by assisting the Chairperson of D’s Secretariat from February 8, 2009 to June 27, 201.

1. Defendant A

A. In the case of D, the Defendant was aware that executive officers are not entitled to remuneration in accordance with the articles of incorporation.

On June 25, 2007, the Defendant received KRW 150,805,90 in total under the name of remuneration for 57 times from around that time to May 25, 201 as stated in the separate crime list, and embezzled it for personal purposes, after receiving KRW 150,805,90 in total under the name of remuneration from around 200 to around 25, 201.

B. On June 201, the Defendant embezzled KRW 36,383,340, out of 7.9 early 201, by using KRW 7.9 million for personal purposes while he/she kept the funds of the said athletes’ meeting by F, which he/she had been voluntarily used in the said D office, from July 2009 to July 2010.

2. Defendant B

A. On July 24, 2009, the Defendant embezzled the retirement reserve funds accumulated in KRW 100,000 for each bicycle racing at the above D office for personal use, including the voluntary use of KRW 4.6 million around that time, and the sum of KRW 15 million on December 7, 2009 and KRW 5 million on December 21, 2009.

B. On July 6, 2010, the Defendant, at the foregoing office, withdrawn KRW 21,383,340 in cash to pay out of the retirement allowances of G, a bicycle player, and embezzled by using it for personal purposes around that time while carrying out business for incorporated associations D.

Summary of Evidence

1. Each prosecutor's suspect interrogation protocol against the Defendants

1.The police of F. F.

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