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(영문) 인천지방법원 2017.12.21 2017고단2862
횡령
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendants, as married couple, operated the church as a pastor of the F church located in the Seo-gu Incheon, Seo-gu, Incheon, and Defendant B, as the representative of the above F church, managed the F church with Defendant A.

On December 2, 201, the Defendants borrowed KRW 250 million from the Gangnam Agricultural Cooperative Co., Ltd. to use as operating expenses of the said FF church (the repayment period of KRW 4,000,000), and deposited the remaining balance of KRW 48,763,644 in the account of the FF church (the current L church) in the name of the said FF church (the current FF church) managed by the Defendants, on July 28, 2015, when the Defendants obtained a loan from the opening branch of the Incheon Fisheries Cooperative's affiliated branch of the Incheon Fisheries Cooperative, as the guarantor of G, H, I, and J., and the maximum claim amount of KRW 360,000,000,000 from the above FF church building, and kept it in the account of the FF church (the current L church) managed by the Defendants.

The Defendants, while keeping the loan balance as above for the members of the victim F church, purchased the building and its site located in 100 million won in the name of Defendant B in the name of Defendant B, and transferred 20 million won from the above F church account to the account in the name of O, a seller of the said real estate from the said F church account on October 26, 2015, and embezzled by transferring KRW 28,763,144 from the above F church account to the Saemaul Bank P Depository in the name of Defendant B to the remainder of the real estate on November 13, 2015 in order to pay the remainder of the real estate as above.

Accordingly, the Defendants conspired and embezzled the sum of 48,763,144 won.

Summary of Evidence

1. Each legal statement by the Defendants (as at the sixth public trial date);

1. Each legal statement of witness I, G and H;

1. Application of Acts and subordinate statutes to prepare and submit documents, land registers, certified copies of registers, and details of transfer when applying for loans;

1. The Defendants: Articles 355 (1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Defendants on probation: The reasons for sentencing under Article 62(1) of the Criminal Act (i.e., sentencing in consideration of the following factors) (the scope of recommended sentences).

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