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(영문) 광주지방법원 2015.12.23 2015고단4468
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

[Attachment Fact-finding] From March 23, 2012 to the date, the Defendant was indicted to the Gwangju District Court on November 14, 2013 as a crime of defamation of distribution of printed material with the content of “F” for the purpose of slandering E, a former president of the said sentence, from among the victims C, the Defendant was detained in the court on June 30, 2014, and was charged with a fine of KRW 5 million in the appellate trial on April 23, 2015 as a crime of occupational embezzlement for which the attorney’s expenses were paid in the form of money during the trial, and was charged to the same court on June 30, 2014, and was consolidated in the appellate trial on April 23, 2015, and the judgment was sentenced to a fine of KRW 5 million in the final trial on April 23, 2015.

7.9. Finality was established.

【Criminal Facts】

On May 27, 2015, the Defendant: (a) filed an application with the Defendant for suspension of the performance of duties and a provisional disposition of the appointment of an acting director (Gwanju District Court 2015Kahap332) against the Defendant, which was the former president of the said sentence, on May 27, 2015, while keeping the victim’s funds in custody for business; (b) filed an application for the suspension of duties and a provisional disposition of the appointment of an acting director (Gwanju District Court 2015Kahap32) with respect to the Defendant’s position as president; (c) sent an agenda for the appointment of an acting director at a temporary director office in the Dong-gu Seoul-gu, Gwangju, 5th floor; and (d) passed through the said agenda with the consent of 12 directors, such as H, I, and J, on June 9, 2015, the Defendant voluntarily withdrawn the amount of KRW 300,000 from the account of the Plaintiff’s account at his own expense.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and N;

1. Application of statutes to a copy of the decision (Seoul District Court 2015Kahap32)

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act concerning the selection of criminal facts;

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