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(영문) 대구지방법원 안동지원 2014.11.21 2014고단700

업무상횡령

Text

A person shall be punished by imprisonment with prison labor for not less than 6 months and by imprisonment for not more than 4 months for the remaining crimes in the holding.

Reasons

Punishment of the crime

[Criminal Power] On June 11, 2010, the Defendant was sentenced to a suspended sentence of two years on June 19, 201, for occupational embezzlement, etc. in the Daegu District Court’s Ansan Branch, and the judgment became final and conclusive on June 19, 2010.

【Criminal Facts】

From around 2006, the Defendant has been in charge of the general affairs of the victim C, and from around November 201, from among the representatives of the same literature, managed cash revenues and expenditures.

1. On October 13, 2009, the Defendant deposited KRW 51,95,959 of the property in the name of C in a passbook (Account Number D) among the documents at the Dong-dong Saemaeul Community Credit Cooperatives located in Ansan-dong, Chungcheongnam-dong, Dong-dong, and deposited KRW 35,000,000 in the above form of money for business purposes. When the Defendant was investigated as a suspicion of embezzlement of KRW 35,000 on September 2009, the Defendant used the loan to repay the loan again, and then withdrawn KRW 35,00,000 in the above form of the passbook to repay the loan.

2. On July 16, 2010, the Defendant voluntarily released KRW 6,700,000 under the pretext that he/she would compensate for the amount of fine imposed by E and F, a member, and F, while he/she deposited KRW 15,702,200 in the above passbook in the above passbook.

3. On February 6, 2013, the Defendant deposited KRW 70,073,40 in a new bank’s regular deposit passbook (Account Number G) in the name of the new bank located in Ansan-dong, Ansan-si, and stored in the business for the purpose of the above sentence while the Defendant was in custody for the purpose of the above sentence. On the same day, the Defendant arbitrarily consumed KRW 73,400, which is the interest accrued from the cancellation of the above term deposit, as the Defendant’s money.

4. On November 2, 2013, the Defendant received 350,000 won in cash for the land rent from a literature member I in the cemetery located in Ansan-si H on November 2, 2013, and had been kept in custody for the above literature, and then used the money of the Defendant’s money at his own discretion around that time.

5. On November 11, 2013, the Defendant: (a) a periodical deposit passbook in the name of a new bank (Account Number: J) at a Dong point of the said new bank.