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(영문) 수원지방법원 2017.04.21 2016고단7417

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who had been in office as the secretary-general at D’s sanatorium from June 14, 201 to December 30, 2015, and had been in office as a person who had been in office as the secretary-general at D’s sanatorium from June 14, 201 to December 30, 2015.

E, F, and G have been in charge of the management of the basic supply cost receipt account.

1. While managing the Agricultural Cooperative Account (H) in the name of the injured party E’s basic supply cost, the injured party E withdrawn and uses KRW 300,000,000 from the agricultural branch located in the Gyeonggi Forest Co., Ltd. on July 8, 2015, and withdraws and uses KRW 700,000 around July 14, 2015, and KRW 50,000,000 around July 15, 2015, the Defendant voluntarily consumed and embezzled the said account by withdrawing KRW 1.5 million for three occasions.

2. While managing the Agricultural Cooperative Account (I) in the name of the victim G, the Defendant withdrawn KRW 150,000,000 from the Agricultural Cooperative Branch located in the Gyeonggi-si in Gyeonggi-do on June 24, 2015 without the victim’s permission, and embezzled it by voluntary consumption, as described in the list of crimes against the victim G, and embezzled 7,250,000 won through voluntary consumption without the victim’s permission.

3. While the Defendant managed the Agricultural Cooperative Account (J) in the name of the victim F with the basic supply cost of the victim F, the Defendant withdrawn KRW 180,000 and embezzled for voluntary consumption at the agricultural branch located in the GF in the GF economy in around June 24, 2015 without the victim’s permission, and then withdrawn KRW 13,570,000 over 26 times as indicated in the crime list against the victim F, and embezzled for voluntary consumption without the victim’s permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the suspect to be prepared by the prosecution against the defendant, K, or L (including the whole part);

1. Statement made by the police preparation to K;

1. Application of Acts and subordinate statutes of a copy of the passbook E, a written confirmation of the details of entry and withdrawal transactions (F, G);

1. Article 355 of the Criminal Act concerning criminal facts and the choice of punishment

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