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Reasons
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(영문) 수원지방법원 2017.08.17 2016고단6090
업무상횡령
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant was in custody of the victim E clans of the victim E, and the money of the victim clans of December 7, 2012.

It received 4,1340,000 won from F and 8,50,000 won from G to engage in the business of keeping the funds of the victim clan.

While the Defendant kept KRW 4,2190,00,000, the Defendant embezzled KRW 13 million to H for the purpose of repaying his/her obligations at an influent place on December 9, 2013; KRW 15,30,000 to I on December 23, 2013; and KRW 36,30,000 to J on December 27, 2013.

Summary of Evidence

1. The legal statement of K Witness;

1. A protocol concerning the interrogation of the suspect against the defendant (one time);

1. Statement made to K in the police statement;

1. A registration certificate, a certificate of transfer, etc.;

1. Each investigation report (a written statement submitted by the respondent, the result of execution of the search and seizure warrant, reasons requiring additional warrants, the currency content of the witness F, the phone call from the witness F, the phone from the witness G, the victim G, the list of the closed members submitted by K in Fax, and the external telephone of the other L), the defendant asserts that the use of money by the clan was done by the defendant, or that the chairperson at the time was borrowed from the clan M with permission of the clan.

However, it was authorized by the president to use the clan money for personal purposes.

Even if there is no influence on the establishment of embezzlement and there is no evidence to support the assertion that permission was granted (M is a deceased person). Moreover, the defendant kept the money of a clan in the first interrogation of the police branch while he did not have any private use of the money of a clan, the defendant was deposited with KRW 40 million on November 25, 2013, and KRW 40,004,218 on March 27, 2016, and was terminated on April 8, 2016. As a result of the execution of the search and seizure verification warrant, the defendant submitted the above KRW 40 million as a result of the execution of the search and seizure verification warrant, including KRW 30,000,000 as a sum of the criminal facts from December 9 to December 27, 2012.

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