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(영문) 의정부지방법원 고양지원 2012.10.12 2012고단943

횡령등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, “2012 Highest 943” from June 2008 to December 201, 201, managed membership fees and refund travel expenses as the chairperson of the 111 member group of the Victim C, etc., and embezzled membership fees of KRW 14,643,314, D membership fees of KRW 7,945,234, and disposable travel expenses of KRW 30,548,136,548 from June 10, 2008 to December 201, the Defendant embezzled the Defendant’s personal debt repayment and refund travel expenses of KRW 14,643,314, and D membership fees of KRW 7,945,234, and disposable travel expenses of KRW 30,548,548.

The Defendant, “2012 Godan1104,” as a financial director of E from February 13, 2009 to November 30, 201, deposited the said clan property into the passbook (Account Number:F) in the name of the Defendant, and kept it for business purposes.

Around February 16, 2009, the Defendant collected KRW 112,750,000 from the above account to be used arbitrarily for the repayment of personal obligations, etc., and embezzled it for the personal purpose of the Defendant by withdrawing KRW 112,750,000 in total over 13 times from November 30, 201, as indicated in the attached Table.

Summary of Evidence

"2012 Highest 943"

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Investigation report (Submission of a detailed statement of passbook transactions, copies of passbooks with membership fees), and details of passbook transactions "2012 Go-man104";

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. Application of the statutes on the copies of the defendant passbook

1. Articles 355 (1), 356, and 355 (1) (the occupation of occupational embezzlement and the choice of imprisonment) of the Criminal Act applicable to the crime;

1. From among concurrent crimes, the sum of the amount of the instant embezzlement, even if there are favorable circumstances, such as the confession of the Defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the fact that there is no past record of criminal punishment, and that there is no past record of criminal punishment exceeding the fine, etc.