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(영문) 대전지방법원 서산지원 2013.07.12 2012고단1015
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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

From June 23, 1981 to July 10, 201, the defendant has been engaged in the affairs of managing the land of the above church, buildings on the ground, and churches as a member of the F religious organization G church in Boli-si E.

1. Around August 27, 2009, the Defendant: (a) established a right to collateral security, which is equivalent to KRW 286 million with respect to E site and building on the land owned by the said GGGGH; (b) deposited KRW 70.52 million with the Defendant’s account in the name of the said association and deposited KRW 22,487, out of which KRW 70,520,000,000 from the said association, and used it for personal purposes by granting KRW 20,000 to the J, one of his own son on the same day.

In addition, from around that time to May 30, 2010, the Defendant embezzled 7,0510,630 won in total by the same method over 37 times, as shown in the annexed Table 1, from around that time, and embezzled 6,630 won in mind.

2. Around June 11, 2010, the Defendant changed the maximum debt amount of the right to collateral security against the same site and buildings on the same ground as that set forth in the preceding paragraph to KRW 325 million, and additionally loaned KRW 250 million to the Defendant’s account in his/her name, and deposited KRW 2860,052, out of which KRW 250,052 was deposited into the Defendant’s account, and then withdrawn KRW 1.4 million on the same day while he/she was kept in his/her custody for the said meeting, and consumed it for

In addition, the Defendant, from around that time to August 10, 201, embezzled total of KRW 2,860,052 by the same method over 76 times, as shown in attached Table 2, from around 76 times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Each investigation report (No. 18, 41, 51, 53, 54, 58, 60, 62 No. 18, 41, 53, 54);

1. Application of Acts and subordinate statutes to the full certificate of registered matters, copy of notice of commencement of legal procedures for non-performance of obligation, copy of minutes, copy of statement of trading, director of loan, detailed statement of deposit transaction, Internet banking transaction and inquiry into details of transactions of self-reliance deposits, detailed statement of deposit transaction,

1. Relevant provisions concerning facts constituting an offense;

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