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(영문) 대전지방법원 논산지원 2013.06.28 2013고정20

횡령

Text

1. Defendant A, C, and D are punished by a fine of three million won, Defendant B is punished by a fine of five million won, and Defendant E is punished by a fine of one million won.

Reasons

Punishment of the crime

Defendant

B is the chairperson of the victim G clan, and the defendant A, C, D, and E are the members of the above clan.

On March 3, 2012, the Defendants: (a) intended to sell a clan of 2,625 square meters belonging to the victim clan in the machinery, including the Daejeon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch; (b) pursuant to the clan rules, the Defendants convened a general meeting and passed a resolution of a majority of the members present and a majority of the number of members present; (c) but (d) disregarding the above procedures on the grounds that the rest of the members except them are not infinite with involvement in the usual duty; (d) prepared a clan resolution on the sale decision of real estate by gathering six members, including the Defendants, and I (C) that are different from the Defendants, and then, prepared a clan resolution on the sale decision of real estate by selling the said clan at will to J at KRW 48 million; and (e) Defendant B, on March 3, 2013, kept the said sales proceeds from J and kept them for the victim at will; and (e) Defendant C, Defendant A, C, and 970,000 won respectively.

Accordingly, the Defendants embezzled the victim's property in collusion with I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness K and L;

1. Application of each of the written resolutions and bylaws of a clan or of the existing statutes;

1. Defendants: Articles 355 (1) and 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are determined as follows: (a) comprehensively taking into account the circumstances leading up to the instant crime; (b) the degree to which the Defendants committed the crime; and (c) the amount