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(영문) 울산지방법원 2018.07.13 2018재고합1
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for a term of three years and by a fine of forty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From 2001 to 201, the Defendant is the general duty of the Victim D clan (hereinafter referred to as “victim D clan”).

The injured party-friendly association was the owner of the “Ulsan-gu E, Ulsan-gu F, Ulsan-gu, and Ulsan-gu G Japan-gu G G on June 12, 2009, and was transferred KRW 205,856,890 on or around August 5, 2010, KRW 423,532,30 on or around August 5, 2010, KRW 644,561,206 on October 13, 2010, KRW 1,273,950 on the aggregate of KRW 1,273,950 on or around October 13, 2010 to the I account under the name of the chairman of the relatives-friendly association.

After that, the defendant, who is the general secretary of the above-mentioned family council, actually managed the compensation of the above victim's family council, such as consuming part of the above compensation under the pretext of the relocation of the cemetery, such as purchase of a mountain mountain, etc., the above-mentioned chairperson H who was hospitalized in the hospital as of October 8, 2010 would have difficulty in managing the funds after the death of the chairperson, and change the name of the account.

“Around October 14, 2010, the amount of KRW 644,561,206 deposited in the account under the name of the Defendant was transferred to the said I account under the name of the Defendant by opening the I account (Account Number M) in Ulsan-gu K on the same day. Around October 14, 2010, the amount of KRW 644,561,206 deposited in the account under the name of H was transferred to the said I account under the name of the Defendant from January 5, 200 to January 14, 2014, the amount of KRW 5,000,000 to KRW 10,000 to KRW 10,000 or KRW 10,000 per month from that date.

Accordingly, the Defendant embezzled totaling KRW 894,364,551 of the compensation money for land owned by the victim-friendly association.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to N orO;

1. The application of Acts and subordinate statutes, such as notification of designation of implementers of industrial complex development projects, Ulsan District Court Decisions (2001Gadan 25886), Busan High Court Decisions (2003Na 2642) and other relevant Acts and subordinate statutes;

1. Relevant Act on the Aggravated Punishment, etc. of Specific Economic Crimes (No. 11304, Feb. 10, 2012) for criminal facts is the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

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