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(영문) 대전지방법원 2015.10.15 2015고정934
횡령
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

From March 24, 2012 to December 27, 2014, the Defendant kept KRW 14,320,000, when taking charge of the general affairs of the friendship group called “C”.

According to the rules of the above-mentioned friendship, the fraternity paid during the period should be withdrawn without being returned. Thus, the defendant withdrawn from the above-mentioned friendship and resigned from the general office and transferred the entire fraternity to D.

However, the Defendant, on December 31, 2014, recovered KRW 4,800,000, around January 1, 2015, and KRW 190,000, and KRW 4,995,000, around January 1, 2015, and embezzled KRW 1,330,000 for the Defendant himself/herself, and 1,330,000 for other causes for withdrawal, and 1,330,000 for F, and 1,30,000 for G to pay KRW 1,30,000 for other causes for withdrawal.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the Association rules;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Since the argument is invalid as an unfair agreement, the crime of embezzlement is not established.

2. According to the rules of the friendly council, the purpose of the above friendly council is to recognize the fact that the purpose of the friendly council is to “contribute the friendship with the postal services of the natives and to cooperate of the patriotic and the assistant members in principle.” The membership fee was to be used for the consolation money for the death of the member, condolence and congratulatory expenses, and expenses for the conversion of the opening of the business.” Article 4 of the above rules provides that “at the time of withdrawal, the member shall withdraw regardless of the membership fee,” and that the withdrawing member shall not return the membership fee to the withdrawing member.

The purpose of collecting membership fees is not to pay a certain amount, but to pay a certain amount, such as death consolation money, condolence expenses, and opening business, while the business is operated or all members return to the business.

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