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(영문) 대구지방법원 김천지원 2013.09.04 2013고단678
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 12, 2009, the Defendant, as the representative director of the Victim’s Social Welfare Foundation C, operated the “E” in the Gumi City as the representative director of the Victim’s Social Welfare Foundation C, and was in charge of overall duties concerning the care devices, recipient management, and fund management of the said Corporation. The Defendant deposited the basic property for profit-making KRW 200,000,000, which is the victim’s ownership, into the Agricultural Cooperative (F) account

Around June 5, 2009, the Defendant embezzled KRW 200,000,00, which is a fundamental property for the victim’s profit, deposited in the said agricultural cooperative account, in the Defendant’s residence located in Gumi-si, Gumi-si, and used 59,635,540, in total, 59 times in the Defendant’s residence, from that time to May 19, 2010, under the name of the Defendant’s obligation repayment, wage payment, etc., as shown in the list of crimes in the attached list of crimes.

2. Where a social welfare foundation that violates the Social Welfare Services Act intends to sell, donate, exchange, lease, provide security, or change its use with respect to its fundamental property, it shall obtain permission from the Mayor/Do Governor;

Nevertheless, without obtaining permission from the competent authority, the Defendant changed the use of the basic property for profit-making purposes of social welfare foundation C without permission for debt repayment, wage payment, etc. as stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. The filing of a written request for disposition as a result of the Government's joint audit and inspection conducted by each investigation reporting C, the filing of records of the board of directors' change of use for profit and the recovery resolution, the filing of records of C's business plan records, permission for disposal of fundamental property by the Ministry of Health and Welfare, C's filing of records of accounts of basic property for profit, C's filing of

1. The compilation of records of transactions and A Personal Account 2.2.

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