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(영문) 대전지방법원 천안지원 2015.10.19 2015고단1208

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2006 to November 201, 201, served as the president of the Victim D Cooperatives in the Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Seoul, and has overall control over the overall affairs of the unions.

1. Around January 10, 201, the Defendant, at the above victim’s office, embezzled the amount of KRW 40,000,000 from the said Nonghyup’s account and paid to F in mind with the intent of receiving KRW 70 million from December 30, 201 to January 10, 201 the Collaborative Cooperation Development Fund was received from the victim’s agricultural account (E) and kept for the victim from around December 30, 201 to around January 10, 201. The Defendant embezzled the amount of KRW 40,00,000 from the said Nonghyup’s agricultural account with the intent of receiving a prompt loan of the Defendant’s business funds from the Defendant’s birth F, and embezzled the amount of KRW 230,00,000 from around that time to December 19, 201 by consuming the amount of KRW 230,000 through three times in the same manner as the list of crimes in attached Form.

2. Around December 19, 201, the Defendant embezzled KRW 50,000,000 from the land owner to return the purchase and sale agreement amounting to 60,000,000 on the site for the establishment of a partnership logistics center from the land owner for the sake of the victim, without returning it to the victim, and then, embezzled it by paying KRW 10,00,000 to the Defendant’s new cooperation account (G) with the Defendant’s intent to return it to the victim, and KRW 10,000 to H who is the Defendant’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of suspect by the prosecution against the defendant, I, J, or K (including the part to be replaced);

1. Statement of the police concerning L;

1. Each written agreement and agreement;

1. Application of Acts and subordinate statutes governing each content certificate;

1. Articles 356 ( point of occupational embezzlement) and 355 (1) ( point of embezzlement) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of Sentencing)

1. First offense with reason for sentencing under Article 62-2 of the Criminal Act: