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Reasons
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(영문) 광주지방법원 2017.02.24 2017고정28
업무상횡령
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as a general manager of "B" of the damaged person established around December 2015, the defendant is a person who manages public funds such as 32 members of the above club in general.

On December 2015, the Defendant received membership fees from members and transferred the money to the Agricultural Cooperative (Serial C) account in the name of the Defendant for the said club on December 29, 2015, and consumed it for personal purposes.

From that time until May 26, 2016, the Defendant consumed total of KRW 20,910,000 for personal purposes, such as the list of crimes in the attached Table, and embezzled it for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each part of the protocol concerning the interrogation of the suspect against the defendant;

1. Statement in each police statement with respect to E and F;

1. Application of Acts and subordinate statutes to each of the revised statement of transactions, such as the revised statement of transactions, the rules, the total amount of revenue, the statement of transactions, and the statement of accounts;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act was revoked by a person who has suffered damage to the defendant. This seems to be due to the receipt of the agreed amount in the criminal conciliation procedure.

There is only one type of fine before the accused.

In addition, the sentencing conditions shown in the records, such as the age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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