beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
From July 1, 2009 to June 30, 2010, the Defendant served as the president of an incorporated association E (hereinafter referred to as “E”) and performed the overall control over the affairs of E.
1. Around June 23, 2010, the Defendant embezzled the victim’s hall building in the name of the victim by taking out a loan of KRW 600 million in the victim’s hall in the name of the victim and then withdrawing KRW 500 million in cash from the victim’s account for personal use on the same day.
2. An individual act of using a corporation card in breach of trust regardless of his/her duties constitutes a crime of occupational breach of trust, not a crime of occupational breach of trust (see, e.g., Supreme Court Decision 2003Do8095, May 26, 2006). Since an act of continuing the use of the corporation card for a certain period of time constitutes a crime of occupational breach of trust, each act of occupational embezzlement (only an exclusive portion of the cost of fostering new clubs and the exclusive portion of the cost of maintaining dignity of Vice-Governor) of the facts charged constitutes an
The court recognizes ex officio the crime of occupational embezzlement (exclusive part of the cost of raising new clubs and the exclusive part of the cost of maintaining the dignity of Vice-Governor) of the facts charged as a crime of occupational breach of trust, because it is difficult to recognize the change of the facts charged without changing the indictment.
The defendant, as the president of the victim E, violated his duties to use the corporate card only for the purpose necessary for the president's performance of his duties, and paid 647,640 won of the medical expenses of G hospital at the Eunpyeong-gu Seoul Metropolitan Government F Hospital by using the corporate card, his mother, around February 5, 2010, and around that time, the defendant paid 647,640 won of the medical expenses of G hospital from around that time to May 28, 2010.