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(영문) 서울남부지방법원 2013.09.27 2012고합965

업무상횡령등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.

except that from the date of this judgment.

Reasons

Punishment of the crime

On April 4, 2013, Defendant B was sentenced to two years of imprisonment due to fraud, etc. by the District Court of Jung-gu on April 4, 2013, and the said judgment became final and conclusive on April 12, 2013.

Defendant A, from January 1, 2008 to December 31, 2009, is a person who served as the chairperson of the G clan (hereinafter referred to as the “family member”), the victim of which is the victim, and Defendant B, from January 1, 2007 to December 31, 2009, is a person who served as the general secretary of a clan from December 31, 2009 and is serving as the chairperson of a clan from January 1, 2010.

1. Defendant A

A. On September 14, 2009, the above defendant, at the office of the clan of the same clan No. 209 of the Youngdong-gu, Youngdong-gu, Youngdong-gu, which was managed by the president of the clan, arbitrarily withdrawn money from the family deposit account of the clan, and embezzled by paying the sum of the transfer tax and resident tax for the 29,345,80 won to the defendant's children in his own name.

B. The above defendant, at the office of the above clan on September 17, 2009, voluntarily withdraws money from the family account of the clan that was managed by the chairperson of the clan, and the property tax 1,411,230 won for the forest land in the Dongdong-gu, the defendant's name, and Qu is written for the above facts charged under the name of the above defendant I, but it is erroneous, because it is a clerical error.

Property tax on forest land was embezzled by paying KRW 1,195,580, property tax on N forest land in the name of his/her father M, KRW 293,40, property tax on the above P forest land in the name of his/her fatherO, KRW 55,730, and KRW 3,455,940.

2. Defendants’ co-principal conduct

A. On November 16, 2009, the Defendants conspired to make a joint withdrawal of KRW 120 million from a clan deposit account in which the Defendants jointly managed for their business purposes, and embezzled them by dividing KRW 60 million in the form of a false withdrawal of KRW 120 million from a clan deposit account where the Defendants jointly managed for their business purposes.

B. The defendants conspired, and on December 28, 2009, the above clan office was managed jointly by the defendants.