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(영문) 전주지방법원 군산지원 2018.01.31 2017고단1371

업무상횡령

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

From March 1, 2011 to August 2014, the Defendant entered C University and served as a general secretary in charge of general affairs at C University’s general affairs division from March 1, 2011 to the end of August 1, 2014, and was engaged in the business of keeping business membership fees for victims, such as: (a) preparing an expenditure resolution stating the subject of payment, the reason for retirement, etc. arises to members of C University; and (b) obtaining approval from the standing director of C University’s general affairs division and the director of C University’s general affairs division; and (c) having been engaged in the business of keeping business membership fees for the victims, such as taking charge of the duties of withdrawing membership fees from the Saemaul Bank’s account in the name of the director of C University’s general affairs division and paying them to members of C University’s general affairs division.

On April 2, 2012, the Defendant, at the office of the general affairs division of C University located in D, the following: (a) prepared a disbursement resolution and a gold transfer statement under the pretext of paying a mutual aid fee to members while working for the said victim; (b) obtained the approval of the chief of the general affairs division E; and (c) withdrawn KRW 10,00,000 from the Saemaul Treasury account in the above E’s name, which is deposited with the ordinary affairs division of C University Saemaul cooperative in the above C University; and (d) arbitrarily used it for personal purposes, such as vehicle advance, etc. from that time until August 22, 2014; and (e) arbitrarily used KRW 268,820,000 for a total of 41 times, as shown in the list of crimes, from that time to August 22, 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the audit report of the standing council itself, the president of the community credit cooperative account, the director of the community credit cooperative account, the results of the fact-finding survey, the statement of the standing council settlement, the president of the general account, the resolution for payment, the deposit certificate, the details of each standing investigation, the details of each standing investigation, and the application

1. Relevant Article 356 of the Criminal Act and Articles 355(1) and 355 of the Criminal Act (including the case) concerning criminal facts.