업무상횡령
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
From January 1, 200, the Defendant worked for the Korea Rural Community Corporation (hereinafter referred to as the “victim Corporation”) in the year of the year of the victim Korea Rural Community Corporation (hereinafter referred to as the “victim Corporation”) from January 1, 200, engaged in C affairs, etc. concerning the land owned by the said Corporation in Gyeonggi-do and the
On May 14, 2013, the Defendant spent rent of KRW 1,459,150 for the land D and its father E leased from the Victim Corporation in the course of business for the victim construction at a place where the location is unknown and around May 14, 2013, and used the rent of KRW 1,459,150 for the land of Seocheon-si F, Gyeonggi-do, where D and their father E leased from the Victim Corporation.
From October 29, 2014 to October 29, 2014, the Defendant: (a) collected from D and E a total of KRW 12,452,720 from the victim corporation on seven occasions; and (b) arbitrarily consumed and embezzled for personal purposes while in the course of performing his/her duties.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and D;
1. Response to a request for cooperation on investigation data;
1. An investigation report (Submission and reporting of data related to G, and confirmation of the details of transactions of passbook H);
1. The current payment status (E, D), and usage fees for agricultural infrastructure (maintenance) using the computed number of rents;
1. Application of real estate lease contracts, and Acts and subordinate statutes governing the division of duties of the Korea Rural Community Corporation;
1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts (generally, a fine shall be selected and the number of fines shall be fixed, taking into account the following factors: (a) the accused’s mistake is recognized and against his/her will; (b) the full repayment of the amount of damage is made; (c) the Defendant has no record of other crime; (d) the Defendant’s age, character and conduct; (e) the circumstances leading
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;