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(영문) 창원지방법원 통영지원 2015.01.28 2014고단628
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the chairperson of the clan D from January 2007 to April 14, 2012 who has been engaged in the management of the property of the clan D as the victim.

1. Around September 14, 2007, the Defendant decided to sell a F 820 square meters and G 1620 square meters, which is the ownership of the clan, to H, and received 20 million won as a sales contract deposit, and had the Defendant keep the same in custody for the said clan for business purposes.

Since then, the Defendant, using the fact that the above sales contract was terminated due to a cause attributable to the buyer, entered in an account book as if he returned the down payment to the buyer, entered as if he returned the down payment at will, and entered as if he returned 20 million won to the buyer around October 19, 2007, and embezzled the amount of the down payment at his own expense as living expenses, etc. around October 22, 2007.

2. Around May 1, 2008, the Defendant sold 101,752 square meters of K, which is owned by the clan, to L, etc., 150 million won in J real estate located in Sejong-gun, Chungcheongnam-gun, Kim Sung-gun, which is a clan, and embezzled KRW 150 million in total, including KRW 130 million, around May 2, 2008, and KRW 150 million, around May 7, 2008, and KRW 12 million, which was kept in business for the said clan, around May 7, 2008, around May 7, 2008; KRW 3 million in around May 8, 2008; and KRW 5 million in daily expenses around May 9, 2008; and embezzled KRW 2 million in total with his own consumption of business funds, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about M and N;

1. The accusation, investigation report, clan rules, the current status of executive officers of the clan, the statement of transaction of passbooks, the settlement of clan records, the minutes of the clan, the statement of transaction of deposits for each self-reliance, and the application of statutes of

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confession under Article 62(1) of the Criminal Act, confession, reflectivity, and probation;

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