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(영문) 서울남부지방법원 2015.07.17 2014고단4845
업무상횡령
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 became final and conclusive.

Reasons

Punishment of the crime

From January 1, 2008, the Defendant served as the president of the Victim C (hereinafter “victim Association”) from January 1, 200 to the time of the instant indictment.

On May 2010, the Defendant agreed to pay the amount equivalent to 7% of the insurance performance every month to the victim as a subsidy in return for providing good conditions for the victim association members to use the insurance agency's office as an agent at the office of the second 210th Association office of the building D, Geumcheon-gu Seoul Metropolitan Government, F, the representative of the insurance agency (ju), Dong Fire G, and H and Dong agency of the victim association as the representative of the insurance agency at the office of the above Association office of the second 210th of the D building D, Geumcheon-gu, Seoul. The Defendant agreed to pay the victim the amount equivalent to 2% of the insurance performance from the above subsidy in cash or deposited into the account of I and J, etc.

From June 2010 to June 2010, the Defendant received 2,390,000 won from F in cash, which is a total of KRW 129,550,000 from F, from around 47 times to April 2014, the Defendant spent the Defendant’s scholarship for the purpose of personal use, such as using the scholarship in the name of the Defendant at that time, or paying rewards to I, J, etc. who supported the election of the president.

Ultimately, the Defendant arbitrarily consumed the property of the Victim Association.

Summary of Evidence

1. Each legal statement of I, J, F, and H;

1. Partial statements of the defendant in the first protocol of trial;

1. A contract for the use of the association office and a special contract;

1. Details of the payment of special subsidies in 2010 and the current status of business performance by branch office in six to December;

1. Details of the payment of special subsidies in 2011 and the current status of the performance of duties by branch office in one to December;

1. Details of the payment of special subsidies in 2012 and the current status of performance of duties by branch office in one to December;

1. Detailed statement of payment of special subsidies in 2013;

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