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(영문) 의정부지방법원 2011.09.02 2011고합34

특정경제범죄가중처벌등에관한법률위반(횡령) 등

Text

Defendant

A 3 years of imprisonment, Defendant D 2-A of the Decision

As to the crime of occupational breach of trust, six months of imprisonment.

Reasons

Punishment of the crime

[X헙동조합 및 피고인 A, C의 지위] X협동조합은 1983.경 설립된 이래 동두천시 Y에서 2010. 12. 현재 출자금 13억 7,000만 원, 예금 260억 원 상당, 대출금 합계 184억 원 상당의 자산을 보유하고 있으면서 위 조합 조합원 등을 상대로 예금수신, 대출업무 등 미인가 금융업을 하고 있다.

Defendant

A, while serving as the president of the X cooperative from February 2006 to April 201, has overall control over various affairs, such as personnel affairs, fund execution, management, accounting, etc. of the X cooperative.

Defendant

C is in the position of managing the above X union from around 2002 to May 201, under the supervision and supervision of Defendant A while exercising overall control over the business of credit and claim management, and is in charge of the business of evaluating collateral, verifying the appropriateness of appraisal and assessment.

[Defendant A]

1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) to hold the amount equivalent to KRW 1.377 billion investment and the deposit amount equivalent to KRW 26 billion since Defendant A assumed office as the president. Defendant A kept and managed the considerable amount of the above

Accordingly, Defendant A had the intent to embezzled funds owned by the association in the process of managing and executing X cooperative funds as above, and was in the custody of the above X cooperative funds on July 27, 2007 at around 13:36, Defendant A transferred KRW 4,010,244 from the National Bank AB account in the name of X Cooperatives to the National Bank AB account in the name of AB account, and used KRW 32,000,000 from the above AF account at around 14:20 on the same day to transfer KRW 32,00,000 from the above AF account in the name of AE agricultural bank and embezzled it from February 8, 2007 to December 23, 2010, or deposited the money from the National Bank account in the name of Defendant AF account in the name of the National Bank account or the National Bank account in the name of the NAF account.