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(영문) 수원지방법원 성남지원 2018.04.06 2018고단93

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant served as the secretary of the Victim C Association (hereinafter “victim Association”) that is a nonprofit corporation consisting of a total of 125 clubs from the early February 2017 to the end of August 2017, the Defendant is a person who managed funds, such as revenues and expenditures of the Victim Association.

On March 2017, the Defendant received a total of KRW 2,300,000 from 125 organizations affiliated with the Victim Association to pay KRW 2,87,50,000 for each organization under the pretext of participation expenses in the Rib in 2017 and kept in custody for the Victim Association for the purpose of the Victim Association.

On March 22, 2017, the Defendant transferred total of KRW 12,203,750 from the said Agricultural Cooperative Account under the name of the Victim Association to the Agricultural Cooperative (E) account in the name of the Defendant, and used it as the Internet gambling fund from around that time until August 5, 2017 in the same way from around 10 times to around August 5, 2017, and arbitrarily used KRW 184,429,70 in total for 73 times, such as the list of crimes in the attached list, to the said Agricultural Cooperative Account under the name of the Defendant, and then arbitrarily used it as the Internet gambling fund.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the details of transactions of deposits and withdrawal, each detailed statement of deposits and withdrawal, and account transactions under the name of the accused;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of criminal facts; the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant embezzled a total of KRW 184,429,700 with gambling funds, etc. while comprehensively managing funds, etc. as the head of the victim's association, and the crime liability is heavy. As a result, it seems that the normal operation, etc. of the victim's association would have been considerably interrupted, and the damage recovery has not been made up to now.