특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant has been concurrently engaged in the management of the property of the same clan while serving as the chairperson and the general duties of the victim of the clan from February 8, 2014 to September 3, 2016.
On March 23, 2015, the Defendant deposited the funds of the victim’s clans account (Account Number E) in the company bank account (Account Number E) in the name of the Defendant, and transferred 135,000,000 won to three securities account (Account Number F) in the future of the Defendant’s name on the same day while carrying out business for the victim’s clans, and consumed them for private purposes, such as investment in stocks.
The Defendant, including that, from February 6, 2015 to April 1, 2016, entered 21, the sum of 680,800,000,000 of the attached Table Nos. 20 in the indictment as stated in the list of crimes, as shown in the attached Table, was stated in the indictment as KRW 6,60,000, but according to evidence, it appears to be a clerical error in the amount of KRW 6,700,00 ( KRW 10,000,000 - KRW 3,00,000).
The source was arbitrarily consumed and embezzled.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;
1. Each letter of resolution of the board of directors of the clan, letter of delegation, letter of agreement on repayment, copy of each passbook, statement of transaction details, copy of the book of account (2015), copy of the passbook and statement of financial status (2015), copy of the book of account (2015) and copy of the passbook, copy of the book of account (2016) and copy of the passbook, receipt, copy of the book of account (2016), copy of the book of account (2016) and written request for remuneration, copy of the book of account, copy of the book of account (2016) and copy of the book of account, each electronic tax invoice, financial status report (2016), each electronic tax invoice, financial status report (2016), copy of the passbook, details, output of the passbook, data and copy of the passbook related to the sale and settlement of loans on movable property, statement of account transactions, statement of funds investment, stock investment, etc. (2015) 2010, 2014.