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(영문) 서울동부지방법원 2014.06.26 2013고단2451
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Occupational embezzlement;

A. A. Around March 12, 2007, the Defendant, as a pastor of the Victim D Religious Organization E branch (hereinafter “E branch”) on the part of the Defendant, was under title trust and kept in custody the land of “Seoul Gangdong-gu F” from the Victim E branch, and on January 20, 2008, received 200 million won as collateral from the above land to the Defendant’s personal account without being deposited into the loan church finance account, and embezzled it on January 22, 2008.

B. Around March 12, 2007, the Defendant: (a) concluded a contract to sell the said land to G, the Defendant’s wife, without a resolution of the joint association of the above church, on August 19, 2012; (b) as in the preceding paragraph, after receiving a title trust on the land of Gangdong-gu Seoul from the victim Ehy Association; (c) concluded a contract to sell the said land to G, which is the Defendant’s wife (around August 19, 2012, G shall pay transfer income tax on behalf of the seller, and deduct it from the said purchase price; (d) paid the down payment of KRW 100 million for the actual purchase price; (e) G shall pay the down payment of KRW 350 million for the secured loan of the Nonghyup Bank established on the said land; (e) G succeeded to KRW 100,000,000,000,000 won for the said land owned by the victim Ehy; and (e) concluded the sale contract on the condition of KRW 101 billion.

2. Occupational breach of trust;

A. On December 31, 2007, the Defendant, as a pastor of the above E church, managed the E church building located in the "Seoul Gangdong-gu H" as a member of the above E church, and in violation of his duties despite the occupational duties that should be managed with the care of a good manager, thereby violating the said church building as a security.

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