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(영문) 인천지방법원 2018.08.17 2018고합116
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From around December 2014, the Defendant is the chairperson of the Victim clan C, who has been engaged in overall control over the property and accounting management of the Victim clan as the chairperson of the Victim clan.

1. On July 24, 2015, the Defendant provided 113,177,294 won out of the above money to the victims’ clan at the time of the transfer of KRW 500 million to the agricultural bank account in the name of the victims’ clan from the Rool and the agricultural cooperative, which was the 142 college, to the Masan-gun University and the 142 college, and the 142, the Defendant arbitrarily consumed KRW 113,17,294 out of the money.

2. On September 24, 2015, the Defendant received compensation of KRW 112,930,500 for the land of Jin-si, which is the victim’s clan from the view of the Chungcheongnam-nam Party, to the account under the name of the victim’s clan, and kept for the victim’s clan, the Defendant arbitrarily consumed KRW 103,559,690 out of the above money around that time.

3. On October 13, 2016, the Defendant: (a) entered into a contract to sell KRW 2.1 billion in J J-si, J-si, the victim’s agent, and KRW 4,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Accordingly, the Defendant embezzled KRW 516,736,984, which is the victim clan, while on duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecutor with respect to L;

1. A land sale contract (Evidence No. 10), a mortgage creation contract, a debt certificate, a transaction details (Evidence No. 17), a transaction details, a tax invoice, etc. (Evidence No. 25);

1. Each bylaws of the clan;

1. Each investigation report (a document attached to a contract for land sale and purchase and a statement of payment of down payment, and a statement of transaction in A personal account shall be attached).

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