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(영문) 광주지방법원 2017.06.01 2017고정280

업무상횡령

Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

From around 2009 to June 18, 2016, the Defendant has been engaged in general duties such as managing the assets of the clan as the chairperson of the victim C clan, and D has been engaged in general duties of managing the assets of the clan.

While the Defendant and D deposited KRW 120,000,000 in the account of the Gwangju Bank in the name of the clan in November 2014 and kept for the clan, the Defendant offered to D that D would borrow money from its branch members to receive 5% interest per annum because the bank interest rate is too low, and D agreed to lend money to E without a resolution of the board of directors.

D around that time, D withdrawn KRW 20,557,737 of the regular deposit owned by the family bank account in the name of the clan and deposited the money to the agricultural bank in the name of the defendant F, and the defendant lent the said money to E in the same way as 31,00,000 won from around April 2013 to April 2015.

Accordingly, the defendant and D embezzled the victim's property in collusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on police statements made to G and E;

1. Article 356 of the Criminal Act applicable to the crime, Articles 355 (1) and 30 of the Criminal Act, the choice of a fine for the crime, and the selection of a fine for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;