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(영문) 서울남부지방법원 2017.09.12 2015고단1895

업무상횡령

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant, from September 26, 2013 to May 6, 2014, is the head of the branch office of the CF branch of the Seoul Gangseo-gu Seoul Metropolitan Government Association, which is an incorporated association CF branch office in Gangseo-gu Seoul Metropolitan Government, and has managed all the tasks, such as membership fees and operation funds of the said association branch office.

On January 10, 2014, the Defendant, at the office of the Seoul Special Metropolitan City branch of C, a incorporated association, transferred KRW 4 million as the operating expenses of the Association to the accounts in the name of the victim D, E, F, G, H, and I, a member of the Seoul Special Metropolitan City branch of C, an incorporated association, through an account in the name of J, the head of the association dispatched from the Association, and embezzled by using 4 million won as the personnel expenses of employees who work for L who he/she personally operated at around that time, until March 6, 2014, and embezzled the membership fees of KRW 10,20,000,000, while working for three times in the same manner as the attached crime list, as shown in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of witnesses M or N;

1. Statement made by the witness K in the fifth public trial records;

1. Statement made by the witness in the 15th public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard toO or D;

1. Application of Acts and subordinate statutes to confirm facts;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the selection of fines, including occupational embezzlement and comprehensive punishment) concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 of the Criminal Procedure Act that imposes litigation costs is an unfavorable sentencing factor, such as the Defendant’s history of punishment for sentencing (many criminal records have the records of punishment, and there are several criminal records of property crimes) and the fact that the damage has not been recovered.

However, upon K’s request, the Defendant was appointed as the president of the branch of the Seoul Metropolitan Government Branch (hereinafter “Seoul Branch”) which is an incorporated association, and led the P Publication business, and the Defendant initially promised from K.