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(영문) 대전지방법원 홍성지원 2019.08.13 2019고단154
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On November 16, 2017, the Defendant was sentenced to a suspended sentence of ten months in the Daejeon District Court for a crime of false accusation, and the said judgment became final and conclusive on January 24, 2018.

【Criminal Facts of Crimes】 The Defendant has been engaged in the management of the H account (I) in the name of the Defendant, which is the public fund management account in the ordinary gathering, where seven persons (including the Defendant) residing in Chungcheongnam-gun L (including the Defendant) who are affiliated with the Defendant as a member of the Victim B, Victim C, Victim D, Victim E, and Victim F, jointly use Lee Sung-gun L, which were organized in the 1970s for the purpose of assisting them to use Lee Jae-gun and for the purpose of assisting them in farming. (hereinafter “non-corporate group”) from January 6, 201 to August 26, 201.

The victims opened a public fund management account in the name of the defendant in order for the defendant to voluntarily withdraw and use the public fund deposited in the above account without the consent of other members, and the seal impression necessary to withdraw the public fund at the time when the defendant withdraws the public fund from the above account, and the defendant obtained a seal impression from the victim B and withdrawn the public fund whenever he withdraws the public fund from the above account. However, on March 21, 2006, the defendant arbitrarily changed the seal impression necessary to withdraw the public fund from the above account to the defendant's seal impression.

1. As above, while the Defendant was in office as the president of the said gathering, and was in office for the victims who are members of the said gathering, he kept the public funds of the said said gathering on April 19, 2007, and the Defendant kept the seal impression necessary to withdraw the passbook and public funds of the said H account in the name of the Defendant, which is an account for managing the said gathering’s public funds.

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