업무상횡령
Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 50,000 won shall be paid.
Punishment of the crime
From October 2007 to December 31, 2012, the Defendant served as a general secretary at the victim D clan office located in Gangdong-gu Seoul Metropolitan Government, and has been engaged in the management of the property of the clan and the maintenance and management of the building owned by the clan.
1. On November 2, 2010, while the Defendant received the rent for the above clan building from tenants and used the E-car owned by the Defendant for personal purposes, such as arbitrarily paying an administrative fine of KRW 32,000 from the Commissioner of the National Police Agency while he/she was in custody for the said clan.
From September 27, 2012 to September 27, 2012, the Defendant consumed the total of KRW 464,000 by the same method nine times in the office of the same clans, as shown in the attached list of crimes (1).
2. On January 25, 2010, the Defendant received rents from the tenants of the above clan building and used them for personal purposes, such as paying a sum of 35,450 won, including health insurance premiums and resident tax, imposed on the Defendant at the above clan office on January 25, 2010.
From that time until December 31, 2012, the Defendant consumed KRW 2,632,070 in total for 36 years from the same clans by the same method, as indicated in the attached list of crimes (2).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;