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(영문) 부산지방법원 2016.08.12 2015고합565
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for eight months, for one year and six months, for one year and six months, and for two years, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

[criminal record] On November 7, 2014, Defendant A was sentenced to two years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Dong branch of the Busan District Court, and the above judgment was finalized on September 10, 2015.

[2] The facts constituting the crime are as follows: (a) from January 2008 to February 2012, 2012, Defendant B and C are the president of the victim educational foundation K (hereinafter “victim or K”) affiliated with I (hereinafter “victim”) affiliated with the victim; (b) from March 2012 to May 2013, a person in charge of overall management of the victim while serving as the victim’s director; and (c) from August 201 to December 2012, 201, Defendant B is a person in charge of overall management of the work within I while serving as the assistant construction supervisor; and (d) Defendant C is a person in charge of overall management of the construction work within I from October 2009 to December 2014, 200 the remainder of the corporation (hereinafter “the remainder of the corporation”) and is called “other affiliated with the corporation.”

Defendant

B, C and A decided to use part of the funds for the new construction works of M high school executed by the victim as L, and by their concrete method, the actual construction cost which the victim contracted with N, the said new construction works contractor, is KRW 6.455 billion ( separate value-added tax), but the amount of the construction cost is divided into KRW 9.5 billion ( separate value-added tax), and they conspired to make up for embezzlement by making up for the difference of the construction cost in return for the difference.

According to the above public offering, Defendant B and A requested to cooperate in creating non-funds by preparing a business contract equivalent to KRW 9.5 billion for N president and P and P construction cost at the office of an I Construction Deputy Office located in Busan Metropolitan City, the Busan Metropolitan Government, on January 2012, and P shall be from the damaged person.

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