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(영문) 청주지방법원 충주지원 2017.12.08 2017고단814
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 2002 to March 3, 2015, performed the duties of managing the clan of the victim C (hereinafter “instant clan”) as the general duties of managing the clan, preparing for religious services, and managing the finances.

On June 28, 2012, the Defendant, as a member of the clan, deposited the money of this case into the Agricultural Cooperative (D, E) in the name of the clan as the member of the clan at the agricultural branch of the 9-1 Chungcheongnam-si, Chungcheongnam-si, the Defendant embezzled KRW 5,400,00 from the said clan account as he/she was unable to operate his/her printing house, and embezzled from that time to February 23, 2015, by arbitrarily remitting the money to the Agricultural Cooperative (G) in the name of the wife F at the time of the Defendant’s personal consumption, etc., from that time until February 23, 2015, he/she embezzled KRW 19,3170,000 in total over 23 times, as shown in the list of crimes, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A complaint; and

1. C Branch Association’s articles of association;

1. The statement of revenue and expenditure in 2012, the statement of revenue and expenditure in 2013, the statement of revenue and expenditure in 2014;

1. A detailed statement of transactions in the name of the Nonghyup E and D of the C clan;

1. A statement of transaction in the name of the Agricultural Cooperatives G account;

1. A statement of transactions in the J account in the name of the agricultural cooperative;

1. A detailed statement of account transaction in the name of the Nonghyup L.C. and A M. M. account transaction in the name of the Nonghyup;

1. A request for a warrant of search and inspection, and a warrant of search and inspection;

1. Each letter of credit information transaction (Fariju Livestock Cooperatives, Chungcheongnamju National Agricultural Cooperatives);

1. Each request for provision (Warrant No. 2016-143, Warrant No. 2016-286, Warrant No. 20166)

1. Inquiry into details of a check, copies of each check (K, F), copies of a check (F, N), and copies of a check (F, I);

1. Responses to a request for property inquiry, information on public sale, and certified copy of the registry (No. 1, 101 above the 1st floor of theO building at the time of loyalty);

1. A copy of a detailed statement of entry and withdrawal;

1. A copy of the bankbook;

1. Each investigation report (related to the statement of transaction, reply data on warrants, supplement of investigation reports, details of search and seizure of the financial account of the suspect's wife F, and the check presentation place.

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