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(영문) 대구지방법원 2014.07.15 2013고단4028

업무상횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From January 1, 2011, the Defendant: (a) from around January 1, 2011, received KRW 41,040,000 from D, E, and F as a member of the victim’s clan “Crehion 4028”; and (b) was engaged in the management of funds among the doors of KRW 20,000,000,000,000 and interest thereon, etc., which the Defendant managed.

As above, while engaging in the business of managing funds in the literature, the Defendant embezzled 64.5 million won of the funds in the literature for his/her business purposes, he/she arbitrarily consumed 1.7 million won of the funds in his/her daily life around January 201.

Around January 1, 2012, the Defendant continued to receive a request at a regular meeting of the Assembly to return the funds under the above sentence, but was already refused to return the funds, on the ground that he had not been given a loan to G with knowledge of 62,80,000 won out of the funds of the above sentence. On January 30, 2013, the Defendant rejected the request to return the funds from the above sentence and embezzled it for the same reason.

"2014 Highest 1575"

1. On January 17, 2014, the Defendant forged a private document with the title “Agreement” using a computer and a printer at the Defendant’s house located in the Jung-gu, Daegu Metropolitan City H, using a computer and a printer, and printed out the documents in the name of “C” with the content that “I among the C literature, I wanted to pay the borrowed money among the Defendant A and the literature of the occupational embezzlement case: Hawon 2013 Godan4028. In addition, I do not want any punishment against the Defendant.”

On February 5, 2014, the Defendant: (a) around 5, 2014, around the Daegu Metropolitan City, Seo-gu merchants’ book, and around 3 (Merchant-dong, Bupyeong Apartment-dong) proposed the said I to affix a seal to the written agreement; (b) but I refused the agreement “the part of the agreement is not a part that can be involved in the internal agreement;” (c) and (d) decided to be forged by affixing an I’s seal to the said agreement.

The Defendant on February 6, 2014