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(영문) 의정부지방법원 2013.11.28 2013고정2426

업무상횡령

Text

A fine shall be imposed for the crimes listed in No. 1 or No. 34 among the crimes of No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

On August 25, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for occupational breach of trust and one year of suspended execution at the District Court for the judgment on September 2, 2011.

B From January 1, 2003 to March 23, 2011, the victim Yangju-si is the victim Yangju-si, and the defendant A is the person who has served as the general manager of the above C for the same period, and has managed the community joint affairs.

From around 2003, the Defendant and B received the village development fund as compensation for environmental pollution generated in the course of collecting and transporting stone from the state located in the above C, and had been in mind of embezzlement while managing it for the victim.

1. On February 23, 2009, while the Defendant and B deposited and managed part of the above village development fund in the livestock cooperative account under B’s name, the Defendant and B embezzled it by using it for personal purposes while being kept for the victim.

2. On February 26, 2008, the Defendant embezzled KRW 1,982,300 out of the above village development fund, which was deposited in the livestock cooperative account (F) in the name of B, and kept for the victim, as well as voluntarily using it, for the Defendant’s personal account. From that time to December 20, 2011, the Defendant embezzled KRW 197,768,876 in total over 35 times as shown in the list of crimes in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Village settlement statement in 2010, resolution on expenditure of new buildings of the Saemaul Association, receipt of village halls, construction of the Saemaul Association, and other receipts;

1. Agricultural Cooperatives (H), Agricultural Cooperatives (H), AC Village Head, each Agricultural Cooperatives (H), and C Village Head (C Village on January 2, 2003)

1. Detailed statement of transactions in agricultural cooperatives (I, J);

1. A report on the settlement of accounts in 06, 08, 09, and 10 years;

1. Current status of payment of installment deposits and interest of a C village;

1. A detailed statement of payment of the C Development Fund of D Companies;

1. C audit report;

1. Previous records of judgment: Criminal records;