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(영문) 광주지방법원 2014.09.25 2014고정1227
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From March 24, 2012 to March 24, 2012, the Defendant, who was in general in charge of the overall duties of the above sentence, including the fund management, was in the custody of the victim as the chairperson of the victim C, and was accused of defamation from D, a former president of the above sentence, and required to appoint a lawyer. On December 16, 2013, the Defendant convened a temporary director meeting at the C clan office located in the Dong-gu, Gwangju, and proposed an agenda on the appointment of a lawyer. After the above sentence passed through the above agenda with the consent of U, H, H, E,V, W, X, Y, and Z, the Defendant withdrawn KRW 4 million from the funds in the above sentence and paid it at the expense of an individual lawyer at the expense of a legal office.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the police suspect interrogation protocol of the defendant, U, W, X, Y, E, M, Z, and H;

1. Statement made by the police on D;

1. A copy of the court ruling (2013 High Court Order 5242 Defamation);

1. Application of the Acts and subordinate statutes on temporary (emergency) board of directors, indictments (type 3713, type 3713), list of directors, evidentiary documents on breach of trust, meeting rules, copies of bankbook C, list of the participants of the temporary board of directors, the number of persons present at the temporary board of directors and the certificate of deposit;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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