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Reasons
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(영문) 대구지방법원 2013.08.14 2013고정262
업무상횡령
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Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From June 1, 2011 to Jun. 2, 2012, the Defendant is the head of the Daegu-gu Branch of the Victim’s Incorporated Association D’s Daegu-gu Seoul Building 302, who has been engaged in various events, fund management, membership management, etc. as the head of the victim’s “ Incorporated Association D” branch office in Daegu-gu.

1. On September 26, 201, the Defendant settled KRW 2,160,00,000, not having been actually supplied with a card connected to the Daegu Bank account under the name of the said Daegu Branch, which was deposited by the Veterans Administration in the name of 6,00,000 won under the pretext of the net expenses for the e-mail at the F restaurant located in Daegu-gu Office, Daegu-gu., and embezzled by using the card for personal use at the restaurant, etc. located in Daegu-gu around that time, while returning KRW 19,00,000 from the main owner of the said frequency, and having been in custody for the victim.

2. On September 27, 2011, the Defendant: (a) had the Secretary-General pay KRW 718,550,00 in the Hmaart G in Daegu-gu; and (b) used the same for personal use at the restaurant, etc. located in Daegu-gu, for the purpose of the victim, while returning KRW 646,550,00 from the said Hmaart’s owner; and (c) used the same for personal use at the restaurant, etc. located in Daegu-gu around that time.

3. On January 20, 2012, the Defendant: (a) withdrawn KRW 800,000 from the Daegu Bank’s account under the name of the said Daegu Branch; and (b) used 400,000 to I, the secretary general, as a matter of mind, for personal use at the cafeteria located in Daegu Branch’s office; and (c) embezzled at the cafeteria located in Daegu Branch’s office.

Accordingly, the Defendant embezzled the sum of KRW 3,386,550 on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I and J;

1. Some of the suspect's interrogation records of the accused to the prosecution (including I statements);

1. The police statement of K;

1. The application of audit report, the net settlement of accounts, cash withdrawal and payment copies, passbook copies, and sales slip-related Acts and subordinate statutes 1.

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