beta
(영문) 대구지방법원 서부지원 2018.08.24 2018고단658

업무상횡령

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant has overall control over the affairs of the above union as the president of the victims E cooperative in Daegu-gu (hereinafter referred to as the "cooperative").

1. On February 22, 2010, the Defendant: (a) received a copy of a check from G from the president of the central federation of cooperatives in his/her own face value of KRW 10,000,000 from G in his/her own account and embezzled the trade name in the Daegu Suwon-gu, Daegu-gu, where the trade name is unknown; and (b) received from G to the association as a subsidy for the activation and operation of the cooperative; and (c) did not deposit it into the association’s account; and (d)

2. On April 6, 2011, the Defendant: (a) received a check from the above G at the above restaurant under the above conditions as above from the said G, and was in the occupational custody for the partnership with a face value of KRW 10 million; and (b) did not deposit this into the association account; (c) did not deposit it in the union account at around that time, and embezzled it by arbitrarily consuming at the Daegu Won.

3. On December 18, 2012, the Defendant: (a) received from the above G at the above restaurant, under the above name, a check with a face value of KRW 10 million from the said G and embezzled it for the Association’s account; and (b) did not deposit it into the association’s account; and (c) used it at will at the Daegu KRW 1,00,000 at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of the police officer in relation to G;

1. Each police statement made to H, I, and J;

1. A written accusation;

1. Application of Acts and subordinate statutes to data submitted by the accusers, copies of checks and false deposits, details of suspect's return, and details of subsidies;

1. Articles 356 and 355 (1) of the Criminal Act and the selection of fines for criminal facts;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) that the Defendant recognized his/her mistake and did not repeat the crime; and (b) appeals the prior action of the fine; (c) the restoration of the damage was fully completed; and (d) the Defendant.