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(영문) 서울서부지방법원 2017.05.30 2015고단1571
업무상횡령
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

Reasons

Punishment of the crime

Defendant

A is the Secretary General of Mapo-gu Seoul building and the 12th floor victim F (hereinafter referred to as "victim corporation") who has been engaged in the general affairs of accounting, general affairs, and fund execution affairs, and Defendant B is the person who has overall control over the affairs as the chairperson of the victim corporation.

1. The sole criminal conduct of Defendant A;

A. On March 22, 2010, the Defendant: (a) entered false information in books as if the amount of KRW 1,100,000,00 was paid, and then extracted KRW 700,000 from then on October 27, 2010, while keeping the funds owned by the victim’s corporation in the course of business until October 27, 2010, the Defendant arbitrarily used KRW 35,100,000 in total by withdrawing KRW 53 times as shown in the attached Table 1 list of crimes, as in the case of the crime, while withdrawing KRW 1,10,000,000, as in the case of technical education conducted by the victim’s corporation.

B. On April 17, 2012, the Defendant paid KRW 250,000,000, out of KRW 500,000, which was paid as tuition fees to the victim corporation in Busan as tuition fees in relation to the improvement of business management conducted by the victim corporation, and embezzled KRW 50,000,000 in the balance in the F Fund after deposit into the Fund in his/her business, from that time until October 19, 2012, from that time, the Defendant used the remainder at his/her own discretion, while keeping it in his/her business, and embezzled by arbitrarily using KRW 7,20,000 in the attached Form 2 as shown in the List 2.

(c)

On March 27, 2013, the Defendant received KRW 1,00,000 from GH, a juvenile training center located in Daejeon, for the purpose of the victim corporation, from G H, under the pretext of sponsoring, and used it at will, from then on October 30, 2013, and received KRW 67,00,000 in total from H 67,00,000, from around 67 times until October 30, 2013, while keeping the victim corporation, the Defendant received KRW 21,00,000,000 from H, as shown in attached Table 3.

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