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(영문) 창원지방법원 마산지원 2014.02.12 2013고단916
업무상횡령
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

From November 208, the Defendant was working as the head of the F-small-Scale Care Center operated by the F-Scale Care Center, the president of the victim’s welfare foundation E-Welfare Foundation, which was located in Haan-gun, Haan-gun, in Korea, from November 2008, to supervise and manage the facilities, human resources, etc. of the victim’s foundation and the F-Small-Scale Care Center, and to manage and execute the said funds. While engaging in the business of managing and executing the said funds, the Defendant was willing to arrange the payment of wages to the employees who did not actually work, or to embezzled the funds of the victim’

Therefore, around December 10, 2008, the Defendant, by pretending to provide the above FF Small-Scale Care Center’s benefits to G that did not actually work at the said FF Medical Center’s office, remitted the amount of KRW 500,000 to the said G G’s Agricultural Bank’s deposit account (agricultural I) managed by the Defendant in the name of the victim’s foundation, and then, used the money in cash withdrawn on December 29, 2008 and used it for personal purposes from that time to October 31, 201, as indicated in the list of crimes in the attached Table from that time to October 31, 201, the Defendant embezzled the amount of 61,11,360 won for employees who did not actually work, but withdrawn in cash, or embezzled the amount under the pretext of personal consumption, such as paying the amount exceeding the actual amount of benefits, etc. to the employees’ deposit account under the Defendant’s management.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on J, G, K, L, M, N,O, and P;

1. Details of inquiries into electronic data and replies;

1. Application of statutes to investigation reports (a copy of the register, specification of transactions, etc.);

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts;

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