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(영문) 청주지방법원 2016.01.14 2015고정693

업무상횡령

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From around 1989, the Defendant, as a general member of the Victim C clan (hereinafter “victim clan”), was engaged in the business of leasing land and collecting rent therefor while managing the damaged clan’s land.

1. From March 18, 2005, the Defendant: (a) from around 18, 2005, deposited land of KRW 1,988 square meters, E, 97 square meters, and F 2,95 square meters in the name of the Defendant in trust with the name of the Defendant (hereinafter “instant land”); (b) around June 21, 2013, the Defendant provided the instant land as collateral in order to raise the Defendant’s purchase fund for G’s housing at the agricultural cooperative located within the territory of Cheongju-si, Seoul Special Metropolitan City, Cheongju-si, Seoul Special Metropolitan City, with a maximum of KRW 130 million,000,000,000,000 won, which was owned by the said agricultural cooperative; and (c) obtained a loan of KRW 100,000,000 from the said agricultural cooperative; and (d) obtained a loan of KRW 30,000,000,000,000 from the said agricultural cooperative; (hereinafter “the instant land”).

2. Occupational embezzlement related to rents;

A. In around 2005, the Defendant leased and managed the instant land to H, and embezzled the instant land for personal purposes, such as living expenses, etc. around that time, while he/she received a total of KRW 2,415,00,00 from H on November 25, 2013, 1,225,000, around January 5, 2015, 1,190,000, referring to his/her written opinion submitted by the prosecutor on December 15, 2015, and kept it for the purpose of a clan for damage.

B. The Defendant leased and managed 1,164 square meters and 5 lots, other than 1,164 square meters, in the Cheongju-si, which is the ownership of the victimized clan, to J, and received a total of KRW 2,00,000,000 from J around May 25, 2009, around October 2, 2012, around KRW 1,500,000 and kept for the victim’s clan for a personal purpose, such as living expenses, etc. around that time.