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(영문) 창원지방법원 2019.09.25 2019고정277

업무상횡령

Text

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

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

Reasons

Punishment of the crime

The Defendant, from July 1, 2006 to September 5, 2012, was in office as the chairman of the council of occupants' representatives of Changwon-si, Changwon-si, and was engaged in the duties of storing and executing management expenses from the occupants of the above lending.

On July 25, 2006, the Defendant received from the above loan occupants, such as the victim C, to the Agricultural Cooperative (D) account in the name of the Defendant, or collected management expenses of the loan in cash from the above loan occupants, and then temporarily consumed 300,000 won out of the management expenses collected as above for the above victim C, etc. for personal purposes at around that time.

In addition, the Defendant, from July 25, 2006 to August 25, 2012, 74 times every month, embezzled KRW 22,22 million in total by voluntarily consuming KRW 300,000,00, after collecting management expenses from the victims in the name of the occupants of the above lending each month.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each letter;

1. Investigation report (in case of a complainant, F, G, C, and H currency report);

1. Details of account transactions;

1. Application of Acts and subordinate statutes to judgment, complaint, reply, and written accusation;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is as follows: (a) the method of committing the instant crime is not good, and the amount of embezzlement is at least 22 million won.

Even until now, 5.5 million won has not been fully restored.

However, the Defendant recognized the crime of this case and its liability.

A defendant has no record of being punished for a crime for the last 20 years or longer.

otherwise, the age of the defendant;