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(영문) 대전지방법원 공주지원 2015.05.15 2014고단242
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the financial affairs of the victim C's clan from January 1, 2007 to June 6, 2013.

On February 28, 2007, the Defendant received KRW 8,762,780 as the payment of capital gains tax on E’s real estate from the representative D of the said victim’s clan, and paid KRW 3,420,710 as the capital gains tax on February 28, 2007 and embezzled KRW 5,342,070, the remainder of KRW 5,342,070 for personal use, such as living expenses, in his/her own residence, around that time. From February 28, 2007 to September 25, 2012, the Defendant embezzled KRW 47,082,130 for a total amount of 11 times as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D;

1. The prosecutor's statement concerning G;

1. Each police statement concerning G;

1. The details of expenditure in 2007, the settlement of accounts in 2008, the settlement of accounts in 2009, the settlement of accounts in 2009, the settlement of accounts in 2012, the payment of money by clans,

1. Certification of tax payment, and certificate of taxation by tax item;

1. A detailed statement of transactions of self-reliance deposits, a detailed statement of transactions, a detailed statement of transactions, a detailed statement of transactions, and a detailed statement of transactions;

1. A summary of the details of land sold after 2007, and the details of embezzlement for sale of land in 2007;

1. Receipts and disbursements of cash, details of disbursement, and written confirmation of facts;

1. The clan rules and the minutes of a clan;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to documents submitted by a suspect D), an investigation report (to hear a purchase contract), an investigation report (payment of money, attachment to a settlement general meeting), an investigation report (Attachment to the details of expenditure in 2007), an investigation report (H sale process and the process of payment of capital gains tax), an investigation report (verification of the details of payment of capital gains tax),

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Crimes of occupational embezzlement as of December 17, 2008 under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are the poor punishment, are concurrent crimes with the punishment as of December 17, 2008.

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