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(영문) 대전지방법원 서산지원 2017.09.08 2017고정164

업무상횡령

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has been holding the office of president of the Women’s Association from September 201 to September 2015, 2015.

From September 201, the Defendant, from around 201, kept female membership fees, etc. for the victim’s female meeting in the Agricultural Cooperative account (Account Number: E) under the name of the Defendant, withdrawn KRW 5 million from the said account at the F’s request on February 24, 2012, and paid them as loans to G.

Accordingly, the defendant embezzleds the property of the victim's female conference.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to cash withdrawal and payment, the articles of association of women's association, the detailed statement of transactions of passbooks to women's association, investigation report (referring to reference and telephone), investigation report (Submission of documents verifying the fact of service at the heads of women's families)

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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