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(영문) 창원지방법원 2019.11.22 2019고정418
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From November 1, 2010 to October 31, 2017, the Defendant was working as the head of the Chang-si Branch of the Association and was engaged in the management of funds, etc. of the Association. Since November 1, 2010 to October 31, 2017, C had a duty to manage the funds of each association to be properly disbursed for the association, as the manager of the said branch, and D, as the manager of the general affairs division.

Meanwhile, the Defendant forged the minutes of the instant branch steering committee and submitted them to the Changwon District Court in the trial on December 15, 2016, but was prosecuted for forging or uttering private documents. On February 1, 2017, the Defendant appealed to the first instance court of the Changwon District Court sentenced the Defendant to a suspended sentence of four months, but was dismissed on July 5, 2017. However, the Defendant appealed to the lower court on September 22, 2017.

1. On December 30, 2016, at the office of the above branch office located in the window E of Changwon-si, the accounting staff deposited 2.5 million won at the attorney’s expense on the withdrawal money table, which was proposed by the Defendant, with the content that the expenses for forging the above private document, and for the appointment of the first instance court for the Defendant involved in the event of uttering, are disbursed for KRW 2.5 million, according to the direction of the Defendant. D deposited 2.5 million at the attorney’s expense in the SC bank account of the F attorney-at-law.

2. At the same office around February 6, 2017, D deposited the fee of 2.5 million won into the SC Bank account of F attorney-at-law with the expenses of appointing attorney-at-law in the second instance court for the Defendant involved in the instant case, following the same procedure as ordered by the Defendant.

3. At the same office around July 27, 2017, D deposited the fee of two million won for attorney appointment with the fund of the F attorney-at-law's SC Bank account with the third instance court's fee for the defendant involved in the instant case after undergoing the same procedure as ordered by the defendant.

Accordingly, the Defendant, in collusion with D and C, will be free of charge as the attorney’s fee for the criminal case of the Defendant.

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