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(영문) 서울남부지방법원 2015.12.23 2015고단3680
업무상횡령
Text

Defendants shall be punished by imprisonment for four months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

Defendants are descendants of G clans.

Defendant

A as the chairperson of the above clan from around 2003 to August 2010; Defendant B as the director of the above clan from around 1999 to August 2010; Defendant C as the financial director of the above clan from around 2003 to August 2010; and Defendant D as the adviser of the above clan from around 2004 to around 2010.

The Defendants included the size of 432,66,00 square meters in the Eunpyeong-gu Seoul Special Metropolitan City Hant 774 square meters in the North Korean National Park Rearrangement Zone, and around February 22, 2010, deposited KRW 432,66,00 from the Republic of Korea (the head of the office of North Korea National Park Service in the Korea National Park Service) to the new bank account in the name of Defendant A (G clan) with compensation for losses, and conspired to arbitrarily use some of them for embezzlement for the said clan.

Therefore, on February 23, 2010, the Defendants transferred KRW 26,000,000 from among the compensation for losses deposited in the said new bank account in the name of the said new bank account to Defendant D’s account in cash, and deposited KRW 13,000,000 from the said new bank account in cash, and deposited KRW 13,000,000 from the said new bank account in cash, and deposited KRW 13,000,000 from the said new bank account in cash, and deposited KRW 7,00,000,000 from the said agricultural bank account in cash on February 24, 201, and deposited KRW 13,00,000 from the said new bank account in cash and disbursed KRW 13,00,000 from the said new bank account as living expenses, etc.

As a result, the Defendants conspired to consume the total amount of KRW 98,00,000 owned by the said clan at their own discretion and embezzled business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Statement by the prosecution against J and K;

1. The details of the complaint, certified copy of the register, compensation contract, and the account in the name of a new bank;

1. Application of Acts and subordinate statutes on deposit certificates;

1. The Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: Imprisonment with prison labor under Articles 356, 355(1), and 30 of the Criminal Act;

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