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(영문) 춘천지방법원 2018.02.08 2017고단511

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From January 1, 2013 to December 31, 2014, the Defendant was in office as the representative director of the victim’s “D Agricultural Partnership” (hereinafter “victim’s Partnership”) located in Gangwon-do, Gangwon-do, and was engaged in overall management of the business affairs, funds, accounting, personnel affairs, etc. of the victim’s association by receiving fee from the controlled entity or providing the entity responsible for the event with information, etc., and receiving service fees.

On July 1, 2013, the Defendant: G officer H in charge of the E event at the E event site located in the Gangwon-do Senior Group F of Gangwon-do, 2013

6. 28.10

6. Until 30.30., while receiving KRW 750,000 from cash as an agent for cleaning events and being kept for the victim's association, around that time, consumption was made for personal purposes, such as living expenses, in the Japanese military members.

In addition, between around that time and November 19, 2014, the Defendant used 8,920,000 won in mind, including service charges, etc. kept for the sake of the victim association by either receiving remittances from the members of the Human Group in the same way or by receiving cash payments for 15 times in total, as shown in the attached Table No. 1,3-11, 13, 14, 17, 19, and 20.

The last revised facts charged are withdrawn Nos. 12 and 16 in the list of crimes in the annexed sheet and embezzled “10,015,000 won over 18 times”. However, among the facts charged, there is no proof of a crime, the portion of “three times in total” as seen below is corrected as above.

As a result, the defendant embezzled the property of the victim association, which was under the occupational custody.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, J, K and L;

1. Each police report on M, N,O, P, and Q;

1. The evidence Nos. 1-24, 27-31, 38-40, 42-40, 60, 61, 80, 81, 81, 82, 84, 94-103 [the defendant and his/her defense counsel] according to the work set prepared by the defendant, the sequence 1, 2, 3, 5, 9, 13, 14, 17, from among the list of offenses set forth in the attached Table.