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(영문) 춘천지방법원 강릉지원 2016.10.20 2016고단871

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 March 5, 2014, the defendant is a person who works as a joint representative of the victim E and is engaged in the business with the consent of residents.

1. On May 30, 2014, the Defendant requested a village development fund to the effect that he/she should obtain the consent of residents near the place of business in relation to permission to collect earth and stones from G offices located in F at F at the time of 2014, and that he/she should pay KRW 30 million to H village and KRW 30 million to I village as the village development fund. On May 30, 2014, he/she was transferred from the above D to his/her post office account in the name of the village development fund, and used the said amount for his/her personal debt immediately after withdrawing the said amount.

Accordingly, the Defendant embezzled the property of the victim company.

2. In a case where the Defendant, at the end of the year 2014, requested the said D to request funds to purchase K forest land at the time of three times in order to collect earth and rocks from the victim’s company at a place where the end of the year 2014, the Defendant embezzled money in the name of the purchase cost of land, and requested the said D to purchase land and rocks from the said D to its post office account (Account Number: J), the same year.

2. 13.10 million won, per annum;

3. 13.10 million won, and the same year.

5. 12. 30 million won, per annum;

7. During the storage of KRW 75 million in total as land purchase cost, 45 million was used for the purchase of the above land and used the remaining KRW 30 million for his/her own cost of living.

Accordingly, the Defendant embezzled the property of the victim company.

3. On June 2015, the Defendant, who embezzled money in the name of expenses for amnesty safety inspections, requested the above D to change expenses for reviewing amnesty stability in order to collect earth and stone from the victim company at a place where it was not available on or before June 2015; and the Defendant, from the above D to his/her post account on May 2, 2015, KRW 5 million;

6.12.8.750,000 won, in total, 1,3750,000 won;