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(영문) 대구지방법원 안동지원 2014.05.16 2013고단571

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

The Defendant, who was engaged in the management of the said temple property for the victim F, the actual owner of the said temple property, as the chairperson of the joint operation committee of the E temple located in the Cheongbuk-gun, Chungcheongnam-gun, North Korea, was in charge of managing the said temple property, from November 12, 2010 to June 19, 2012, in order to prepare the repair cost of the said temple in E in order to compensate for the said temple’s repair cost, the Defendant embezzled the land in the name of E located in the name of Dong-dong Saemaeul-gun, Chungcheongnam-gun, H, I, J, andK as security from the Dong-dong Saemaul Bank or its branch, etc. and embezzled the total amount of KRW 190 million on September 23, 2011 and KRW 45 million on September 25, 201, around October 201, and KRW 5 million on consumption of personal and personal investment for the purpose of use of the said inspection.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement among the interrogation protocol of the defendant against the prosecution;

1. A notarial deed (Evidence No. 7), a certified copy of each real estate register (Evidence List No. 8), a conciliation protocol (Evidence List No. 14), and a certificate of fact (Evidence List No. 21);

1. The application of Acts and subordinate statutes to investigation reports (in the relevant case, written statements, etc. attached);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Act on the Suspension of Execution [the range of recommending punishment] Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for both types of punishment) / [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution / [the person who has no basic area (of less than KRW 100 million) / [the person who has been sentenced] / [the decision of sentencing] 6 months of imprisonment, 2 years of suspended execution / 1 year and 4 years of suspended execution / so the amount of damage caused by the embezzlement of the defendant for 2 years of suspended execution can not be deemed to be less than