beta
(영문) 인천지방법원 2018.04.12 2017고단3456

업무상횡령

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From August 30, 2014, the Defendant, as the chairperson of the District Housing Association Promotion Committee (hereinafter “E Regional Housing Association Promotion Committee”) that promotes the construction project of multi-family housing by using Yeonsu-gu Incheon as the construction site site, from around August 30, 2014, was in charge of the management of the members’ funds.

The Defendant, who was deposited in the account, etc. of the Defendant’s name on December 7, 2015, stated in the indictment of the instant promotion committee as “partnership” but appears to be a clerical error in the “promotion committee”. Thus, the Defendant revised and recognized the indictment.

while keeping the money in custody for business purposes, the bank was in the bank upon request by the F to lend KRW 120 million from G through the F.

The amount of KRW 120 million was arbitrarily remitted to the Korean bank account in the name of the law firm H, which was in charge of the defense of G's criminal case, for loans of KRW 120 million, as well as arbitrarily lent KRW 392,22 million on 13 occasions from June 9, 2015 to March 7, 2016, such as the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. Receipts and subscription agreements for members;

1. Certificates of actual results of deposits and transactions and details of financial transactions;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act with respect to the selection of punishment for the crime, comprehensively, selection of imprisonment;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The Defendant’s assertion that the amount the Defendant received from the applicants for membership cannot be deemed to be a strictly limited fund, and even if so, the said amount can be used to promote the business that the instant promotion committee had run, and the Defendant’s act also conforms to the limited purpose.

The Defendant continues to perform the projects of the instant regional housing association from G.