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(영문) 서울동부지방법원 2017.12.12 2016고정1968

업무상횡령등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

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

Reasons

Punishment of the crime

The defendant of "2016 High 1968" is a person who is engaged in the affairs of church accounting, such as keeping and expenditure of the donation, as a member of a victim E church located in Gwangjin-gu Seoul Special Metropolitan City.

On March 11, 2015, the Defendant: (a) received KRW 100 million from F to the National Bank account (G) account in the name of the Defendant under the name of the Defendant for construction donation; and (b) withdrawn and embezzled KRW 19,968,925 from the date of June 26, 2015 as the fund for purchasing multi-family houses located in Gwangjin-gu Seoul Special Metropolitan City for the purpose of purchasing multi-family houses.

The defendant of "2017 Highest 1614" is a pastor of the E church located in Gwangjin-gu Seoul Special Metropolitan City, and the victim F is a believers who attends the above church from October 2014 to the above church.

1. From the end of October 2014, the Defendant made a false statement to the effect that “A church will be newly built on another site” to the victim, “A church should be collected, first one of its gender must set up a construction contribution fund and deliver a construction contribution fund to a new church” to the effect that “a church will be created on another site.”

However, in fact, since the above E church, in which the defendant was enrolled at the time, was insufficient to operate the church, there was no money to build a new church in another place. Therefore, even if the defendant received a construction contribution from the injured party, he did not have the intention or ability to use it for new construction of the church.

On November 11, 2014, the Defendant, by deceiving the victim, received KRW 10,00 from the injured party, a delivery of KRW 10,00 as a contribution to the construction of the above church.

2. The Defendant, within the above E church around February 2015, issued a false statement to the effect that “The Defendant would purchase the land in Guri-si I and newly establish a church, and the owner of the land returned to Africa with the purchase price, which would require funds, if the said owner of the land returned to Africa, and thus, the construction donation amount paid once more than 100 million won is considered to be paid, and the construction donation amount of KRW 100 million is additionally paid,” and the victim continued to have the lack of funds.