(영문) 수원지방법원 2012.10.25 2012고정1405

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(영문) 수원지방법원 2012.10.25 2012고정1405

업무상횡령

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the clan from November 20, 2002 to January 31, 2009, who has been in charge of the management of the property of the clan and has been in charge of the business of the clan. Defendant B is the financial director of the above clan from June 2003 to January 31, 2009.

On January 31, 2009, the term of office of the Defendants as president and financial directors has expired. On the same day, E 209, while the Defendants elected new president and financial directors at the ordinary meeting of the general meeting of the general meeting of the general meeting of the general meeting of the shareholders in 2009, but were in the custody of business without transferring to the executive organ of a new election for the reason of the procedural defect, the F, appointed as president of the general meeting of the general meeting of the above 2009, stated that the Defendant A was the Defendant on June 19, 2009 in the indictment for the defect of the complaint due to the suspicion of occupational embezzlement and occupational breach of trust. However, the above date appears to be a clerical error and deleted since

In order to defend against this, a lawyer G shall be appointed from the above clan's room in Suwon-si around May 22, 2009, and five million won shall be withdrawn from the above clan's passbook in the name of attorney-at-law, and the same year shall be paid to the above attorney-at-law.

9.18. A disposition taken to the effect that the above accusation case was groundless around the same year;

9. Around 24.24. Around the same day, 4 million won was withdrawn from the above clan passbook and paid to the said attorney.

As a result, the Defendants conspired to make up for embezzlement cases not for the interest of clans but for the interest of clans, and embezzled by voluntarily withdrawing nine million won in the head of the Tong in the name of clans, such as attorney fees.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. A complaint - A list of embezzlements;

1. An investigation report (a statement of objection, a written decision on expenditure, a copy of passbook, and a copy of the board of directors' meetings in 209, No. 54, 58).

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