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(영문) 대구지방법원 2020.01.15 2019고정266
횡령
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was in charge of the general affairs in the literature B, and managed membership fees such as revenue and expenditure in the literature.

The Defendant, as above, was in charge of the membership fee management account (agricultural Cooperatives and C) in which members collected membership fees, and embezzled the amount of KRW 500,000 from the above membership fee management account on March 27, 2017, such as withdrawing KRW 500,000 from the fee management account and consuming it for personal use in mind, until April 28, 2018, as shown in the attached list of crimes, by withdrawing KRW 760,000 through 10 times in mind as shown in the attached list of crimes.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Minutes of each literature, detailed statement of deposit transactions (C), report on the result of events held by the Joint Chiefs of Staff and copies of deposit passbooks;

1. The Defendant and the defense counsel of the door-to-door Games denied the crime by changing the following facts: “The use of KRW 7,660,000 for the door-to-door membership fees, such as the statement of the facts charged, was consistent with the Defendant’s personal funds, but only after the prior payment of the door-to-door membership fees is not arbitrarily useful for the door-to-door membership fees.” Thus, according to the minutes of the door-to-door Meeting (2019) and the attached documents submitted by the Defendant, the above door-to-door Meeting held that “The Defendant shall recognize KRW 5,745,70,000 as the Defendant’s personal funds and approve it after lawful use of public funds for the total amount of KRW 5,745,70,00,000, which was paid for the Defendant’s personal funds, or the evidence duly adopted and examined by the court, such as the E witness’s statement at the investigative agency and the court.” The Defendant shall obtain the Defendant’s consent or approval in advance from the door-to-to-door.

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