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(영문) 대구지방법원 2012.09.12 2012고정1065

업무상횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, from January 201 to April 201, served as the Chairperson of the D Branch Association, an incorporated association located in Daegu Northern-gu C, the Defendant, while managing the Daegu Bank account with a subsidy of KRW 4 million each year from the Daegu Northern-gu office, and the official card with a settlement account with the said account, was kept in the custody of the said subsidy in the course of business.

On May 17, 2010, the Defendant purchased fireworks equivalent to KRW 80,00,00 in real to be used for the events of the above D D D branch from the Daegu North-gu fireworks, Daegu Northern-gu, and then purchased the said D branch office, the Defendant, using the D branch office’s public card of an incorporated association, provided that KRW 1,50,000,000, which is the difference, was paid from the above C branch office owner and then embezzled the total amount of KRW 511,00 in total five times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Examination protocol of the accused by the prosecution (including H part of the statement);

1. The police statement concerning G;

1. A criminal investigation report (the details of G support funds that is filed by a complainant and a copy of a bankbook at his/her own expense);

1. Details of use;

1. Investigation report;

1. A copy of each book;

1. Application of Acts and subordinate statutes on details of passbooks;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;