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(영문) 대전지방법원 천안지원 2015.11.26 2014고단1199
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

Punishment of the crime

The defendant is the person who has been engaged in the financial affairs of the above church as the honorary director of the Korea War Veterans Association and the members of the E church, who are victims in the West-gu, Seo-gu, Seocheon-gu.

On September 1, 2009, in order to raise funds for the operation of the church at the direction of F, which is a pastor of the above church at the point of Namcheon-gu, the Defendant: (a) around September 1, 2009, set up a collateral security on the above bank with regard to the size of 1,677m2 and the building site thereof; and (b) borrowed KRW 400,000,000,00 from the above bank.

While the Defendant kept 400,000,000 won of loans for the above church for business purpose, he withdrawn the above money on the same day and used it in mind as personal debt repayment and Defendant Company’s operating funds.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses F and G in the second protocol of the trial;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of each of the Acts and subordinate statutes stated in the certificate of confirmation of executive officers, title list (in the face of 7 pages of investigation records), rectangular group (in the face of ,00, Northern-gu D), recording, recording, records of transaction of agricultural cooperatives, written judgment (in the face of 2013da1620), copy of the letter of credit transaction, copy of the letter of credit transaction, copy of the written credit agreement, copy of the written application, passbook of the church finance, etc., and copy

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and reasons for conviction under Articles 356 and 355 (1) of the Criminal Act;

1. While recognizing the fact that the Defendant consumed 400 million won of the loan (hereinafter “the loan in this case”) for personal purposes, the Defendant denies the charges by asserting that he/she borrowed and used the loan with the consent of the President of the Korea War Veterans Association F of the E church, and that he/she was not in the status of keeping the loan in custody.

2. The properties of the church to determine whether the crime of occupational embezzlement is established.

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