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(영문) 의정부지방법원 고양지원 2014.11.14 2013고단175
업무상횡령
Text

[Defendant A] The defendant shall be punished by imprisonment for a year and six months.

Of the facts charged in the instant case, the attached list of crimes (A) No. 8.

Reasons

Punishment of the crime

The defendants are the descendants of the victim J clan (hereinafter referred to as the "victim clan"), and from around 2006, they have been engaged in the business of managing and executing the funds of the victim clans as the chairperson of the victim clans, the vice-chairperson of the defendant Eul and the defendant C, and the defendant D as the general secretary.

On the other hand, the victim's clan was decided at the general meeting of the 2007 general meeting held on January 14, 2007, and around December 2006, 300,000 won for the land owned by the clan from the clan which is the higher clan and the funds of the victim's clan, and 10,000,000 won for the male member who is the head of the family who is 20 years of age or older. The defendants have been engaged in the management and execution of the above funds as the execution member of the above living allowances.

1. While Defendant A kept the funds owned by the victim’s clan for his business purposes as above, the Defendant used the funds for the victim’s clan for personal purposes, such as living expenses, etc., in a frequency of houses in which the name of Gangseo-si was unknown on January 25, 2007.

In addition, the Defendant embezzled 390,000,000 won in total over 10 times, as shown in the attached list of crimes (A), Nos. 1 through 7, 15, 16, and 20.

2. Defendant B, while keeping the funds owned by the victim’s clan for the business of the victim’s clan as above, was used for the personal purpose, such as living expenses, in a frequency of houses in which the name of Gangseo-si was unknown on January 25, 2007, and 30 million won among them.

In addition, the Defendant embezzled 471,410,00 won in total over 25 times, such as No. 1 through No. 17, 20, and 27 of the annexed crime sight table (B), in mind.

3. The defendant C was kept in custody of the funds owned by the victim's clan for the purpose of the victim's clan as above on January 25, 2007.

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