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(영문) 창원지방법원 2020.12.23 2020고단1587

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 30, 2007 to January 6, 2013, the Defendant, as the president of the Victim Category B Council, has overall control over inside and outside the above clan, and has been engaged in the business of storing and managing funds.

On June 25, 2012, the Defendant added the instant land omitted in the indictment according to the result of examination of evidence of the 314 square meters in the Kimhae-si D Special Metropolitan City (hereinafter “instant land”) owned by the victim at the C Kimhae-dong branch.

Around June 25, 2013, 110,188,370 won, which was paid as compensation, was deposited in the C Time Deposit Account (E) under the name of the Defendant and embezzled in a manner of refusing to return the deposit, even if the return was requested by the FSC on June 25, 2013.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Application of the rules of the clan Association, the minutes of the extraordinary meeting of the clan Association (as of November 30, 2007), the minutes of the clan Association (as of December 1, 2008), the minutes of the clan Association (as of December 1, 2008), the land cadastre (I), the full certificate of the registered matters (D), the full certificate of the registered matters (I), the information on the completion of the registration and the notice of the completion of the registration (I), the term deposit deposit certificate (as of June 25, 2012), the deposit certificate of the term deposit (as of June 25, 2012), the minutes of the minutes of the ordinary meeting of the ordinary meeting of the year 2010;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for conviction under Article 62 (1) of the Criminal Act

1. In order to recognize that a piece of land is owned by a clan, and that a registration of ownership transfer has been completed under the name of a clan, it may be recognized only when there exists a clan with an organic organization at the time of the registration, and there are many indirect materials which can only be recognized as belonging to a clan from before the registration, or since before the registration, the process or content of the land has been proved or has been deferred to be owned by a clan, and such materials are not sufficiently proven and they are opposed.