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(영문) 의정부지방법원 2018.12.06 2018고단4274
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person in charge of the accounting and receipt and disbursement of the damaged clan as a general member of the victim B clan, and the member of the damaged clan is the defendant C (1947 birth), D, E (1952 birth), and F.

On August 15, 2016, the Defendant: (a) sold a 329 square meters G, H large 194 square meters, 194 square meters, G large 245 square meters, J large 546 square meters, and K large 454 square meters, which are owned by the clans; and (b) entrusted the Defendant with equally distributing the sales proceeds to the members of the clan, after deducting all expenses, such as the income tax, from the transfer thereof; and (c) on August 15, 2016, sold the 2,738 square meters from the damaged clans, which are owned by the Defendant, to distribute the sales proceeds to the members of the clans as above.

around December 5, 2010, the Defendant sold G land to M and N for KRW 189,00,000; around December 10, 2010, sold H land for KRW 111,30,00 to P; around February 25, 2014, sold I land for KRW 130,980,00 to P; around February 25, 2014, sold the J land for KRW 280,70,70,000 to P; around March 19, 2015, sold KRW 30,308,30,306,306,30,305,30,306,30,300,300,305, and 208,306,305,30,305, and 208,300,50,300,300,300,305, and 2008.

From March 21, 2011 to April 11, 2017, the Defendant distributed KRW 1,108,490,000 to non-indicted 1,305,317,452, and then voluntarily consumed the remainder of KRW 196,827,452.

Accordingly, the Defendant embezzled the damaged clan property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Details of deposits, minutes, real estate sale contract, and sales contract;

1. Detailed statement of each deposit transaction, detailed statement of revenue and expenditure, certificate of deposit verification, each receipt, copy of passbook, and application of Acts and subordinate statutes on transfer income tax;

1. Criminal facts;

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