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(영문) 춘천지방법원 속초지원 2019.06.26 2018고단350

업무상횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the chairperson and the general secretary of the Victim B (hereinafter “victim B”) from June 201 to April 2015, who has overall control over the affairs of the Victim Council, such as coordinating the schedule of the Victim Council and transmitting the intent determined by the Victim Council to C organizations, and at the same time, has been in charge of managing the membership fees of the Victim Council.

In the Council of Victims, membership fees are able to be paid only for the expenses required for meetings for decision making and for the event support expenses of each D Association, but they are to be paid with the consent of more than a majority of the members of the Council of Victims.

Nevertheless, around July 5, 2011, the Defendant arbitrarily consumed KRW 950,000,000,000,000,000 for personal purposes, as shown in the separate list of crimes, from July 10, 201 to July 10, 201, for four times, as shown in the separate list of crimes, by voluntarily withdrawing from the membership fees of the Victim Council through the D Association account (Account Number E) that manages the membership fees of the Victim Council for the Victim Council.

Accordingly, the defendant embezzled the property of the victim council, which was under his business custody.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. A detailed statement of the execution of contributions of the head of each business management expenses ledger, each payment resolution and a written confirmation of deposits without passbook, B payment resolution, B contribution payment resolution, B, certificate of deposit without passbook (A), account transaction statement, B’s articles of incorporation, B’s payment details, B’s payment details, H account payment details, H account transaction details, I’s account transaction details, I’s bank account statement, 14 million won deposit statement, 14 million won deposit statement, 12.5 million won deposit statement, 1.5 million won deposit statement, 1.5 million won deposit statement, investigation report (H association account analysis), investigation report (Comparison between the date of cash withdrawal and the date of credit card use);

1. Each seizure protocol shall be governed by Acts and subordinate statutes;