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(영문) 대구지방법원 김천지원 2016.01.14 2015고정370
업무상횡령
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person in charge of the accounting and financial management of the above church while he/she is in the position as the head of the victim D church in the Gu and the Gu.

On September 14, 2012, the Defendant deposited KRW 50,000,000,000,000,0000,000,000,000 won of the above victim church into the account of the foreign exchange bank E in the name of the Defendant at the location of the Gu/U.S. branch of the Korea Exchange Bank located in the Gu/Si/U.S., and provided the above account as collateral and borrowed KRW 50,000 from the F account in the name of the

Accordingly, the defendant embezzled the property of the victim church.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of statement with respect to G and H;

1. Three written statements (I, J, K);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a detailed statement of transactions to be submitted by a suspect), search and inspection warrant and reply materials;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act regarding criminal facts, the selection of fines (including the first offender, the circumstances leading to the crime, the recovery of damage, the attitude of reflect, etc.);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. On February 22, 2012, the Defendant: (a) deposited KRW 21,855,792 of the retirement reserve of the members of the above church in the account of the National Bank L deposit in the name of the Defendant for the purpose of the victim church; (b) provided the above deposit account as collateral; and (c) borrowed KRW 14,00,000 from the national bank M account in the name of the Defendant in the name of the Defendant’s bank (hereinafter “instant collateral”); (d) thereby, the Defendant embezzled another’s property.

2. According to the investigation report (a copy, etc. of the passbook of the National Bank that submitted the suspect), investigation report (a letter of agreement on loan transaction with the National Bank), etc., the defendant provided the above reserve account to the National Bank on February 24, 2011 and borrowed 14 million won on the day.

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