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(영문) 서울동부지방법원 2015.05.15 2015고정102

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From January 2009 to September 2009, the Defendant was the chairperson of the Victim C (hereinafter “D”) (hereinafter “D”) from January 1, 2009 to December 13, 2013.

The Defendant filed a complaint by E representatives F due to interference with the business, defamation, misappropriation, and occupational embezzlement while keeping funds of the Association in custody for D for business purposes. On April 28, 2009, the Defendant appointed the Law Firm G as a counsel, and paid the amount of KRW 10 million for D funds, and paid the contingent fee of KRW 10 million for the disposition that was suspected on June 12, 2009. < Amended by Presidential Decree No. 21489, Jun. 12, 2009>

Accordingly, the Defendant embezzled the amount of KRW 20 million using the personal litigation cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution, and written statement of the accused;

1. Each prosecutor's statement concerning H;

1. The determination as to the assertion of the defendant and the defense counsel by the counsel's written opinion (No. 51 of the investigation record), each written decision (No. 9,11 of the investigation record), a copy of the application for revocation of authorization (No. 84 of the investigation record), such as the chairperson, etc. (No. 47 of the investigation record), the submission of a copy of the written statement of execution and the statement of statement of transaction of passbook (No. 47 of the investigation record), the submission of the data related to the World Uniform Association Disciplinary (No. 125 of the investigation record), the submission of the report (No. 125 of the investigation record), the Seoul Eastern Prosecutor No. 2009-No. 46205 of the investigation record) and

1. The summary of the argument is that D has been paid according to the advisory contract on various legal issues related to D which D entered into with G law firm, not as the litigation cost for the criminal case of the Defendant’s individual.

Defendant

Legal advice with respect to an individual's criminal case was made free of charge on a kind of service level according to the long-term personal-friendly relationship with the attorney at the bar and the conclusion of advisory agreements with D.

2. The evidence duly adopted and examined by this Court can be identified as a whole.