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(영문) 창원지방법원 2019.05.16 2019고단656
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who served as the secretary-general of the Victim Bial Council from March 2015 to February 2018 and was engaged in financial affairs, such as deposit of membership fees, deposit of expenses, and deposit of accounts.

From around March 27, 2017, the Defendant kept the public funds of the said victim from around 2016 to the account for fixed deposits (D) and ordinary deposits (E) in the C Bank. On March 27, 2017, the Defendant voluntarily terminated the said deposit account and transferred KRW 31,085,340 to the said ordinary deposit account.

The Defendant voluntarily consumed KRW 100,000,000,000,000 from January 17, 2017 to February 14, 2018 for personal purposes, as indicated in the separate crime list, while keeping the public funds of the Republic of Korea for the said victims in the course of business as above. Around January 17, 2017, the Defendant voluntarily consumed KRW 53,80,633 for personal purposes, such as repayment of loans, from January 17, 2017 to February 14, 2018.

Accordingly, the defendant embezzled the victim's property.

2. In order to conceal the above embezzlement, the Defendant changed the copy of the passbook without authority. On January 2018, 2018, the Defendant changed the copy of the passbook in the form of “31,341,781” in the deposit amount column, “31,781” in the deposit amount column, “1.50” in the form of a copy of the passbook in the form of “1.50” in the deposit amount column, and then can be stored with a copy of the passbook in the G Insurance Office located in Seongbuk-gu, Changwon-si, Changwon-si, the G Insurance Office (E) in the name of Changwon-si, with a copy of the passbook in the account of the C Bank’s public fund management account (D) and then enter the details of the deposit in cash with the content of “20170707, Oct. 7, 2010, the Defendant’s actual deposit in the account with the name of the C Bank’s private bank account in the form of “1.50.”

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