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(영문) 광주지방법원 목포지원 2018.01.15 2016고단1733

업무상횡령등

Text

Defendant

A shall be punished by a fine of 12,00,000 won and by a fine of 8,00,000 won, respectively.

Defendant

A and B, respectively.

Reasons

Punishment of the crime

Defendant

A is the president of the Victim K Association (hereinafter referred to as the "K Association"), and Defendant B is the standing director of the above Victim K Association, and the above Defendants are the persons who handle the affairs related to the budget of the Victim K Association.

According to the rules for compensation for executive officers and actual expenses of the victim KK association, there is no provision for special bonus for executive officers of the above KK association, not special bonus for executive officers such as the president of the association or the standing director.

Nevertheless, Defendant A and B violated the occupational duty to comply with the rules of compensation for executive officers and actual expenses of K union at the office of the above K association around December 21, 201 in order to receive special bonus from the K association, and Defendant A and B obtained the total of KRW 67,086,00 in total three times from around that time to December 30, 201 as shown in the attached list of crimes (V), including obtaining economic benefits equivalent to the same amount and causing property damage to the victims K association, by approving the relevant documents to pay KRW 4,35,00, respectively, to the special bonus of Defendant A and B, respectively.

As a result, Defendant A and B conspired in violation of their duties and acquired pecuniary benefits equivalent to KRW 67,086,00,000, and caused damage to the victim K association equivalent to the same amount of property.

Summary of Evidence

1. The respective legal statements of the defendant A and B

1. Some statements concerning the suspect examination protocol of the defendant A or B by the prosecution;

1. Investigation report (in relation to suspected criminal charges, such as violation of the regulations on payment of special bonuses for executives), remuneration for executives, actual expenses rules for compensation for executives, rules on compensation for executive officers, and rules on compensation for actual expenses (in the case of inside or outside the boundaries of the Act);

1. Details of payment of each special bonus (applicable to Acts and subordinate statutes in 2011, 2012, 2013);

1. Relevant legal provisions concerning criminal facts and defendant A and B who choose a sentence: Articles 356, 355 (2), and 30 of the Criminal Act (the choice of a penalty);

1. A and B of aggravated concurrent crimes: the former part of Article 37 of the Criminal Act.