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(영문) 광주지방법원 해남지원 2015.07.02 2015고단122
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 2012, the Defendant was in office as the head of the D fishing village fraternity in the Jeonnam-gun, Namnam-gun, and has been managing the licensed fishing village fraternity in the name of the fishing village fraternity.

D Around October 2013, the fishing village fraternity made an agreement to the effect that E and E, a real estate developer, deposited KRW 100 million in the name of D fishing village fraternity development fund, and that “E shall withdraw KRW 100 million when E obtains a permit for regular mining from the office of Maritime Affairs and Fisheries.”

In addition, the Defendant, on October 29, 2013, received KRW 100 million from E to one’s own account, deposited in the name of the victim D fishing village fraternity on the following day, and deposited in the name of the victim D fishing village fraternity, and embezzled KRW 100,000,000,000, which was kept on duty by arbitrarily using the personal debt repayment and living expenses, etc. as shown in the attached Table from October 14, 2014, at the Cheongwon post office located in the name of the victim around 13:55 on December 26, 2013, the Defendant embezzled the amount of KRW 10,000,000,000 from the victim’s account to the victim’s account in the name of the Cheongwon-gun-gun, Cheongnam-gun, west-gun, Cheongwon-

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Copy of each passbook in the name of the accused and the D fishing village fraternity, and investigation report (the details of confirmation on withdrawal from deposits in the D fishing village fraternity);

1. Application of Acts and subordinate statutes to the certificate of deposit, certificate of transaction, certificate of credit sales, certificate of redemption for the credit account, certificate of completion of claims for reimbursement, and investigation report;

1. Relevant Articles of the Criminal Act and Articles 356 and 355 (1) (Selection of Imprisonment) of the Criminal Act concerning the criminal facts and the reasons for sentencing;

1. The basic area (1 to 3 years) of the sentencing criteria [the scope of recommendations] types 2 (1 to 500 million won).

2. Determination of sentence shall be imposed strictly by considering the fact that damage caused by the decision of sentence is severe: Provided, That the period of punishment shall be determined as per the order, considering the reflection of the accused, the family environment and health conditions of the accused;

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