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(영문) 수원지방법원 성남지원 2016.03.23 2016고정117

업무상횡령

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

From January 1, 2015 to April 15, 2015, the Defendant, as the general secretary of the D Operation Association (hereinafter “Operation Association”) located in Gwangju-si, Gwangju-si, took charge of the management of membership fees at the Operation Association.

On April 15, 2015, the Defendant, who retired from the company, voluntarily consumed 8,250,250 won of public funds owned by the said operating member for personal purposes, such as living expenses, and embezzled 8,250 won from April 16, 2015 to June 29, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Inquiries about liquidity transactions, and application of relevant statutes of a certificate of details by member trading account;

1. Article 356 of the Criminal Act and Article 355 (1) of the same Act concerning the facts constituting an offense.

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;