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(영문) 대전지방법원 2018.06.15 2017고단2494
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is the chairperson of the Victim C's clan from November 9, 2014 to June 18, 2016 (hereinafter referred to as "victim's clan") who has been in charge of the management of various clan events and fund execution.

On November 28, 2014, the Defendant: (a) received the payment deposit of KRW 35 million out of KRW 100 million from the money for expropriation of land located in the Republic of Korea in the name of the family member of the victim's clan D, which was the trustee of the victim's clan; (b) deposited KRW 30 million out of the money for expropriation of land located in the Republic of Korea in the name of the above D; and (c) embezzled it for personal purposes, such as credit card payment, loan interest, and used vehicle transaction expenses, around that time, while the Defendant kept it for business purposes; and (d) embezzled it for personal purposes, such as credit card payment, loan interest, and used vehicle transaction expenses. From that time to June 10, 2016, the Defendant embezzled KRW 487,981,453 for total amount of KRW 16 times during the period of keeping it for business purposes, as described in the attached list of crimes.

Accordingly, the defendant embezzled the property owned by the victim's clan kept in business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement in each legal statement of the witness H, I, and J;

1. A protocol concerning the examination of the accused to the public prosecutor (I and J);

1. A protocol concerning the examination of each police officer against the defendant, D, K, or L;

1. Each police statement made to H and J;

1. Each fact-finding certificate for M, N, andO;

1. A certificate of all the matters to be registered, a copy of a reply to inquiries into facts with respect to the Jindo Saemaul Depository and the Nonghyup Bank, a certified copy of the real estate registry, a clan articles of incorporation, minutes of November 9, 2014, minutes of meeting of the special general meeting of the clan of March 21, 2015, minutes of meeting and the list of participants of the special meeting of the clan of March 21, 2015, the minutes of meeting of the Daejeon High Court, the minutes of the meeting of the clan of November 15, 2015, a copy of each passbook, a copy of each deposit statement,

1. Each investigation report (the G name A, the suspect of which directly uses, shall be included).

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