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(영문) 대구지방법원 상주지원 2016.08.09 2016고정15
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the Director General of the Council of the Republic of Korea of the Victim C from September 28, 1995 to April 25, 2015, who was engaged in the business of managing the property of the said large-scale meeting. On April 28, 201, while he/she kept 200,000 won of the funds of the victim in his/her business for his/her business purposes from D at the time of permanent stay on April 28, 201;

6.8. Landscaping:

7.22. Landscaping:

9.2. Around around the day of around April 28, 201, a total of KRW 3,571,760 from around April 28, 201 to June 25, 2014, including voluntary consumption of Defendant’s meal expenses for personal purposes, were embezzled by arbitrarily consuming KRW 3,571,760 for personal purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Part of each protocol concerning the suspect interrogation of the accused in the police station;

1. Part of the police statements made to G and F;

1. As to the statement of opinion, investigation report (as to the specification of the amount of embezzlement), [the details of the report on settlement of subsidies are merely the details of expenditure in accordance with the amount that should be disbursed by the person's own burden in addition to the subsidies, and the actual details of expenditure are the same as the statement of accounts in the statement of accounts in the closing of

However, in light of the above evidence, it is clear that there is a difference between the details of the report on the settlement of subsidies and the part dealt with in double payment on the account settlement report of the large-scale council account, or both, and in this case where the defendant who exclusively managed large-scale council funds fails to submit objective data on which the difference is based, the part concerning double payment treatment or the difference can be recognized as embezzlement amount.

B. Even in accordance with the Defendant’s assertion, insofar as it receives personnel expenses not determined regularly at the closing session as other items, it is reasonable to see it as embezzlement, and in the process, the president of the closing group shall hold the 20-year presidential meeting.

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