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(영문) 수원지방법원 성남지원 2014.06.26 2014고단870

업무상횡령

Text

1. The defendant shall be punished by imprisonment for two years;

2.However, the execution of the above imprisonment for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has overall control over the affairs of fund execution as the chairperson of the church building committee in connection with the new construction of the E church building located in Seongbuk-gu, Seongbuk-gu.

On April 30, 2009, the Defendant used KRW 100,000,00 from the bank account in the name of the victim Eth Association to the agricultural cooperative account (F) under the name of the Defendant for the purpose of contract deposit, and embezzled on May 6, 2009, the remainder of the money was arbitrarily used to use it as the monthly salary of the employees of the above gas station, and embezzled on 111 occasions from May 31, 2007 to April 6, 201, the sum of KRW 658,337,350 of the funds of the victim Ethy for the purpose of using it for a purpose unrelated to church construction, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

2. Each prosecutor's protocol of examination of the accused;

3. G statements;

4. H's certificate;

5. A written confirmation of amount;

6. A certificate of deposit transaction performance, detailed statement of transactions, passbook transaction, I's bank account transaction, J's bank account transaction, K's bank account transaction, and a copy of each several bank account;

7. Application of Acts and subordinate statutes to investigation reports, investigation reports, and criminal records of passbooks related to embezzlement;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

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

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of recommending sentence] the three types (one to three years) (one to five billion won) (one to three years) of the mitigation area (one to three years). As a result of adding together the mitigation area (one to three years), a significant damage recovery [the decision of a sentence] has been a criminal record of two suspended executions, including a criminal record of the same kind of suspended sentence, on two occasions including a criminal record of the same suspended sentence