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(영문) 수원지방법원 2012.07.05 2011고합551
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A, from May 5, 2008 to May 4, 201, managed the overall duties of the said clan as the chairperson of the victim F clan, such as the management of property. Defendant B took overall charge of the management of property as the general duties of the said clan for the same period.

1. At around May 5, 2008, the Defendants assumed office of KRW 2.4 billion as executive officers of the above clans, and deposited KRW 700 million in the forestry cooperative account under the name of the Defendant B, and deposited KRW 1.1 billion in the agricultural cooperative account (Account Number H) and deposited KRW 1.5 billion in the agricultural cooperative account (Account Number I) for the victim. On April 24, 2009, the above agricultural cooperative account was terminated on June 9, 2009, after cancelling the above forestry cooperative account under the name of KRW 1.5 billion on June 11, 2009, KRW 300 million on behalf of the Defendant, KRW 1.5 billion on deposit in the name of the said forestry cooperative, KRW 1.5 billion on deposit in the name of the Defendant’s 1.5 billion on deposit in the name of the said forest account (Account Number 1.5 billion on July 14, 2009, KRW 600,000 on the name of the said president.5 billion on deposit.

2. The Defendants’ remaining embezzlement, around June 30, 2008, ordered Defendant A to deposit KRW 1.5 million out of the clan funds kept in his custody in his own account under the name of his own denial, and Defendant B embezzled by means of remitting KRW 1.5 million from his own bank account (O) while keeping the above clan funds from November 11, 2009 to N Company’s bank account. In addition, the Defendants embezzled it from that time to November 2009.

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