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(영문) 청주지방법원 2015.07.16 2014고단1969

업무상횡령

Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A From January 26, 1986 to July 2013, from January 26, 1986, the representative of the victim E clan (hereinafter referred to as the "victim E") and Defendant B were in office as the same for a period of time, and have overall control over the property management of the damaged clan.

1. From around October 2005, the Defendant: (a) transferred KRW 8,80,000 per month to the Agricultural Cooperative Account in the name of the Defendant’s name and used KRW 500,00 from around September 20, 201 to September 13, 2013, the sum of KRW 315,808,970,000 from around September 29, 201 to around September 13, 2013, as indicated in the attached Table 1 of the Crimes List, to the rent for the building of the steel structure of the second floor above the ground (hereinafter “I building”); and (b) embezzled KRW 315,808,970,00,000 for total amount of KRW 29 times in daily consumption in the name of the Defendant’s attorney-at-law.

2. Defendant B, from around 2005 to around Cheongju-si, transferred KRW 8.8 million per month from F to the Agricultural Cooperative account in the name of the Defendant’s name as a rent for land and building, and embezzled KRW 223,54,450,00 in total from around April 30, 2008 to March 24, 2014, from that time, he/she used KRW 205,000,000 among them as a living expense, etc. for the purpose of the Defendant’s clans for the purpose of the Defendant’s clans.

Summary of Evidence

1. Each legal statement of the Defendants (the third time for the Defendants A, and the fifth trial for the Defendants B)

1. Each legal statement of the witness J and K;

1. Defendant A and B’s protocol of interrogation of the suspect in the prosecution against Defendant A, and protocol of interrogation of the suspect in the prosecution as to Defendant B’s protocol;

1. Each police statement made to J;

1. Each certified copy of the register (No. 2 through 4).