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(영문) 수원지방법원 성남지원 2017.01.12 2015고합255

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

After the defendant was elected from the chairperson of the E clan on October 28, 2008 (hereinafter referred to as the "victim clan"), he has been engaged in the management of the victim's clan property, including fund management following the sale of the victim's land.

On September 8, 2009, the Defendant embezzled the victim’s clan funds worth KRW 1.777 billion in total, in the same manner as written in the list of crimes in the attached Table, while selling the victim’s clan land and keeping the proceeds from the sale of the land in custody in the agricultural bank account, etc. managed by the victim’s species, etc., the Defendant arbitrarily transferred KRW 10 million to the NA G account, which is the personal account under the name of the Defendant (hereinafter “the instant personal account”) to use for the Defendant’s personal debt repayment, credit card payment settlement, etc., and embezzled the victim’s clan funds worth KRW 1.77 billion in total in the same manner as written in the list of crimes in the attached Table.

In the indictment, "the defendant was in custody for business"

Although the purport of the indictment of this case is stated to the effect that “the part from the victim’s passbook in the name of a clan was embezzled, and the part was used for his own mind and then changed in the body of the defendant after remitting KRW 10 million to the account in the name of the defendant, and embezzled by using the Defendant’s personal debt repayment, credit card payment settlement, etc.” However, the prosecutor’s indictment of this case is the summary of the indictment that “the part from which money was collected in the victim’s passbook in the name of a clan was embezzled, and the part was used in the name of the defendant after his mind, and the part was used in the last part after the defendant was used in the name of his mind

In light of such purport of prosecution, it is reasonable to view that the part used by the Defendant after transferring the victim clan money of KRW 10 million to the personal account of this case is not an act of embezzlement.

In the same context, each set forth in [Attachment] No. 1 to 3 of the List of Offenses.