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(영문) 서울동부지방법원 2013.11.12 2013고정1494
업무상횡령
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant, from December 23, 2009 to August 13, 2012, was in office as a member of the Diplomatic Association, and was in charge of overall affairs of the administration and properties of the church.

On November 21, 2011, the Defendant embezzled KRW 6,286,670, total sum of 25 times from around the same day to August 21, 2012, as indicated in the separate crime list, when he received a refund of 2% of the church management fees from the Diplomatic Association located in Gangdong-gu Seoul Metropolitan Government, and kept in the course of business for the above church, and disbursed KRW 18,200 under the pretext of personal portable telephone charges on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement to F, G and H, and Acts and subordinate statutes on the complaint;

1. Relevant Articles 356 and 355 (1) of the Criminal Act and the choice of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

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