(영문) 수원지방법원 안양지원 2018.01.16 2017고단2069

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(영문) 수원지방법원 안양지원 2018.01.16 2017고단2069

업무상횡령등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From 2007 to 2013, the Defendant served as the chairperson and the general secretary of the victim C clan (hereinafter referred to as the “victim clan”), and the Defendant was engaged in the management of property and the execution of funds for the above period.

1. The Defendant: (a) while the Defendant was in the custody of the Victim’s clan E lending No. 402, which is the real estate owned by the Victim’s clan, and was in the custody of the Victim’s clan No. 402; (b) on April 9, 201, the Defendant arbitrarily sold the said E-Ba No. 402 to H and I for the purchase price of KRW 40 million without the Victim’s clan’s consent; and (c) on April 27, 201, H and I for the registration of the transfer of ownership to H and I for the said E-Ba No. 402; and (d) consumed the purchase price of KRW 40 million for personal purposes, such as the repayment of personal debts.

In addition, from October 8, 2010 to November 12, 2013, the Defendant spent property of 5,198,000 won in total for personal purposes, such as living expenses, while maintaining the property owned by the victim for business purposes for a total of 10 times, as shown in the list of crimes in the attached Table.

Accordingly, the defendant embezzled the property owned by the victim's clan during his/her business keeping.

2. As the president and the general secretary of the victim's clan, when the defendant disposes of the property, such as a regular deposit, etc. owned by the victim's clan, there was a duty to use it for the business of the victim's clan after obtaining consent from the members of the victim's clan.

Nevertheless, on May 13, 2011, the defendant borrowed KRW 72 million from the Geum-dong Saemaul Cooperative located in the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of the same, and without the consent of the victim's clans in order to secure it, he/she had arbitrarily entered the same Saemaul Treasury

A pledge was created on a regular deposit of KRW 80 million.

유사 판례

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-서울동부지방법원 2013.11.27 2013고정2560

-의정부지방법원 고양지원 2014.11.14 2013고단175