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(영문) 서울중앙지방법원 2017.07.14 2016고합528
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a person engaged in the management and disbursement of the assets of the G Association and the H Scholarship Association (hereinafter referred to as the “H Scholarship Association”) who works as an auditor of the H Scholarship Association (hereinafter referred to as the “H Scholarship Association”) a foundation located in the same location established by the general secretary of the G Association, which is an incorporated association located in Jongno-gu Seoul Metropolitan Government (hereinafter referred to as the “G Association”).

1. On March 21, 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) shall transfer 3.5 million won from the foreign exchange bank account (I) which is the principal transaction bank of G Association at the foregoing G Association office to the new bank account (J) account under the name of the Defendant under the name of “Meeting” and consume it for the Defendant’s private purpose, such as the payment of premiums, and then embezzled it from that time to August 26, 2014.

1. The portion to be judged not guilty of the entries (excluding the portion treated as sound in the list in attached Form);

The sum of KRW 1,985,697,620 over 368 as shown above shall be transferred from the foreign exchange bank account of the Association to the defendant's account, and attached Form

2. The sum of KRW 240,000,000 in six occasions, as described, shall be transferred from the Defendant’s account at the new bank Map Loan Account of the G Association (K) to the Defendant’s account; and

3. The sum of KRW 898,000,000,000 in ten times as stated, shall be transferred or withdrawn from the account, etc. of the defendant at one bank account, etc. of the H Scholarship Committee, with the attached Form;

4. The sum of KRW 80,100,80 in total over 83 occasions was withdrawn from the said principal transaction account in cash, and then consumed for the Defendant’s private use, thereby embezzlement of KRW 2,305,798,420 owned by the Victim G association, and KRW 898,00,000 owned by the Victim H Scholarship Scholarship Association.

2. The Defendant in occupational breach of trust used two copies of the corporate card (L, M, hereinafter the above corporate card) while working as the chief of the general affairs of the G Association. The Defendant, who deals with the affairs of the Victim G Association, uses the corporate card for the performance of his duties.

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