beta
(영문) 대구지방법원 2019.03.07 2018고정1407

횡령

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who was the president of the People's Association in Cheongbuk-do, Cheongbuk-do.

On March 12, 2018, at around 18:00, the Defendant received KRW 500,000 from the victim D (the age of 60) to deliver the donations of KRW 500,000 to the Korean Women Association of North Cheongdo-gun, Cheongdo-gun, and KRW 500,000 to the E Women's Elderly Association, in cash.

At around that time, the Defendant embezzled 50,000 won of donations made by male elderlys association for the victim without delivering them to the male elderly society.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, F, and G;

1. A complaint;

1. An investigation report (D telephone call to confirm the situation of delivery of assistance money) (the defendant and his defense counsel asserted to the effect that the defendant delivered KRW 500,000,000 that he received from the victim to F at around March 13, 2018, the defendant and his defense counsel held that the defendant delivered it to F, however, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, F, the fact that the defendant consistently stated that he would not receive KRW 500,000 from the defendant, and that the defendant would pay 50,000 won to the senior citizens' meeting around May 10, 2018. If the defendant actually delivered 50,000 won to F, as alleged by the defendant, the defendant would not have to make such remarks, and the fact that the defendant embezzled KRW 500,000 as stated in the judgment of the court below is sufficiently recognized. Accordingly, the defendant and his defense counsel's assertion is not accepted.).

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Circumstances favorable to the point that no agreement has been reached with the victim: