beta
(영문) 광주지방법원 목포지원 2016.05.12 2016고단221

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From November 2013, the Defendant served as a fishing village fraternity in the Danan-gun, Danan-gun, in the past, engaged in various tasks related to the business of cultivating the fishing village fraternity, the welfare of the members of the fishing village fraternity, and the management and execution of the said fishing village fraternity funds.

On May 14, 2015, the Defendant received KRW 1,101,124,740 from the Sinan-gun to the F account in the name of the Defendant, which is the said fishing village fraternity account, as compensation for the damage of direct or indirect fishing rights by the victim D's village village fraternity in connection with the construction work ordered by the Naman-do on May 14, 2015, and kept for the victim.

1. Around May 15, 2015, the Defendant: (a) paid part of the compensation for the said loss at the new Kananan-gun branch located in 19,00,000, to be used for personal purposes, such as the Defendant’s house construction cost; (b) paid KRW 9,834,00 to H as compensation for loss to H I’s account; (c) transferred KRW 305,581,660 to H; (d) around May 19, 2015, the Defendant arbitrarily transferred KRW 100,00,00,000 to the Kanan-gun branch located in 19,40; and (e) paid KRW 00,000,000 to the Defendant’s private account at around 00,000,000 won for the remainder of KRW 10,000,000,000 for each of the above compensation for loss to H on May 20, 2015.

Accordingly, the Defendant embezzled the sum of KRW 100,000,000, which is the property of the victim, in violation of his duties.

2. The Defendant, at around November 2, 2015, embezzled in relation to the tuition fee of a photographic book, opened the account of Suwon Bank F, the account of the said fishing village fraternity in the name of the Defendant at the location of the Shinan-gun, Inc. 19, 4 a.m. 19-h. at the time of woodping.