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(영문) 서울서부지방법원 2011.02.18 2009고합103
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On December 26, 2002, the Defendant was sentenced to five years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) in the branch branch of the Seoul District Court on July 25, 2003, and the sentence became final and conclusive on July 25, 2003, and was provisionally released on July 28, 2006 during the execution of the sentence in the Yeongdeungpo-gu District Court on July 16, 2007

From May 1995 to September 21, 2003, the Defendant was established in accordance with Article 17 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (current Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents). A person who is working as the head of a cooperative and has overall control over the affairs of the cooperative, such as the implementation of the project, the selection of a contractor, the payment of compensation for the land and the payment of moving expenses

Around 198, the Defendant was sentenced to one year of imprisonment for fraud, two years of suspended execution, and was placed under the position of the president of the cooperative. On September 21, 2000, the Defendant was bound by the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) around July 2002. After the Defendant’s punishment became final and conclusive, G, a complainant, is serving as the president of the cooperative from October 15, 2003 to December 2006; thereafter, the Defendant’s wife was serving as the president of the cooperative from December 28, 2006 to October 209; from November 26, 2009, G was again working for the president of the cooperative; from around 2009 to July 26, 2002, G voluntarily withdrawn KRW 203 under the name of redevelopment association’s own consumption as stated in the attached Table 205.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. The entry of witness G and F in the second trial records, each part of the witness G and F, and the part of witness H in the fourth trial records;

1. Each prosecutor's investigation report (report on the results of video recording of the investigation process by a complainant, defendant, witness for reference) and video CDs and stenographic records;

1. A copy of the passbook (Korea Light Bank), a copy of the passbook (Korea Bank), respectively.

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