beta
(영문) 창원지방법원 2015.10.07 2014고정1543

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a general official in the literature C from around 1990 to January 24, 2013, is a person who was in charge of conference, finance, and other duties while working as the president from January 25, 2014.

Around March 1, 2008, the Defendant: (a) concluded a lease agreement with the F to set annual rent of approximately 900 square meters at KRW 2,50,00 per annum in the above sentence attached to Kimhae-si, Kimhae-si, which is a property of the above sentence; and (b) received by April 30 each year from the above F to receive KRW 22,50,000 from April 25, 2008; (c) used the above money for the money deposited to the Agricultural Cooperative Account under the Defendant’s name for the purpose of deposit and embezzled the money at will; and (d) used the money for the money deposited on June 4, 2008, KRW 3,250,000 for rent on May 1, 2009, KRW 2250,000 for rent on April 30, 2010, KRW 250,000 for annual rent on April 21, 2011.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A real estate lease contract;

1. A detailed statement of transactions of ordinary pre-contracteds (F No. 30);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.