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(영문) 울산지방법원 2020.11.11 2020고정624

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 19, 2019, the defendant was sentenced to a suspended sentence of two years in the Busan High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which became final and conclusive on September 27, 2019.

The Defendant is a person in charge of the management and execution of funds of a victim C fishing village fraternity while working as the head of the Ulsan-gun District Village G fishing village fraternity in Ulsan-gun from May 8, 2015 to December 2018.

1. The Defendant: (a) transferred KRW 4021,205,50 of the victim’s compensation in the B Village Group in Ulsan-gun, Ulsan-gun, to a fisheries cooperative account (D) in the name of the Defendant and embezzled the victim’s compensation for damage; and (b) arbitrarily consumed the total amount of KRW 18 million as follows.

On December 5, 2017, from around December 19, 2017 to December 19, 2017, the Defendant withdrawn KRW 14 million from the above account four times, and embezzled the amount of KRW 10 million from which it borrowed money and the Defendant’s BMW car installment.

B. Around June 14, 2018, the Defendant withdrawn KRW 11 million from the foregoing account, and embezzled the amount of KRW 8 million from which the Defendant arbitrarily used the amount equivalent to KRW 8 million for the repair cost of the Defendant’s BMW car, etc.

2. Around July 18, 2017, the Defendant: (a) transferred the profits from the dissolution of a victim from the village of Ulsan-gun, Ulsan-gun to the Suhyup-gun to the Suhyup Cooperative account (E) in the name of the Defendant; (b) withdrawn KRW 300 million from the time the victim was kept for business purposes; and (c) wrongfully consumed the profits for personal debt repayment, etc. around that time, and embezzled the profits.

In addition, from July 18, 2017 to January 17, 2018, the Defendant arbitrarily consumed the total sum of KRW 25 million of the victim’s proceeds of dissolution kept in business over a total of 10 times, as shown in the attached list of crimes, and embezzled it.

Ultimately, the Defendant is liable for fishery damage compensation and dissolved between July 18, 2017 and June 14, 2018.