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(영문) 인천지방법원 2015.09.10 2014고단8423
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[Status] The defendant was elected as the representative of the above clan on November 30, 1998 while maintaining the status of the member of the victim D clan established on June 1, 1980, and has been in charge of the management, preservation, disposal of the clan property and the management and enforcement of the clan events so far.

【Criminal Facts】

1. Around February 26, 2007, the Defendant purchased and managed five-story buildings of the five-story Etel in the name of the victim in the name of the family of the victim.

From November 2007 to December 2007, the Defendant embezzled KRW 5,609,50, among the revenues from rents that have been paid from lessees for their business purposes and kept for the victim's clans without going through a resolution of the victim's clans, and embezzled them for personal purposes without going through the resolution of the victim's clans, and then, during the period from around December 2013 to around December 2013, total sum of KRW 92,842,673, as shown in the annexed crime list, arbitrarily consumed them for personal purposes.

2. On November 23, 2009, the Defendant, at the same time, embezzled KRW 9,526,610,00 for personal purposes, such as personal debt repayment, etc. while he/she kept in his/her custody for the family of the victim, by arbitrarily consuming KRW 9,00,00,00 for personal purposes, after borrowing KRW 30,00,00 from the branch of the members of the members of Han Bank, which was located in the Nam-gu, Incheon, Incheon, by taking out a loan of KRW 119,526,610 for each land owned by the victim's clan as security, without going through the resolution of the victim's clan.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Each police statement made to H and I;

1. Each investigation report;

1. Application of Acts and subordinate statutes concerning the sales contract of a clan, a resolution of resolution, a clan, an officetel, and the details of each account transaction;

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. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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