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집행유예
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(영문) 서울중앙지방법원 2007. 1. 25. 선고 2005고단5566 판결
[업무상횡령][미간행]
Escopics

Defendant

Prosecutor

Next Round-ro

Defense Counsel

Attorney Shin Tae-young et al., Counsel for the defendant-appellant

Text

A defendant shall be punished by imprisonment for two years.

One day of detention before this judgment is rendered shall be included in the above sentence.

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

Criminal facts

From December 2002, the Defendant was working as the president of the Seoul Metropolitan Government Village Bus Transport Business Association and was in charge of general affairs such as the management of property of the said association.

Around February 12, 2003, at the office of the Village Bus Transport Business Association in Seoul, Jung-gu, Seoul, the second floor of 407-11, ASEAN Building, 2003, where the above association was used for the association within the scope set out in the budget, but as if the funds of the association under occupational custody were used for the commercial purpose, as if they were used for the commercial purpose, the documents were arbitrarily consumed for the private purpose, and then the funds of the association under occupational custody from January 9, 2003 to July 8, 2005, were embezzled by arbitrarily consuming 478,735,360 won in total from the place of the city in Seoul, such as the list of crimes in attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the accused in each protocol of the first and second trial;

1. Each legal statement of the witness, Nonindicted 15, 16, and 17, and part of Nonindicted 18’s legal statement of the witness

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each prosecutorial statement of Nonindicted 23 and 17 and the prosecutorial statement of Nonindicted 18 (part)

1. Investigation report (in cases of being bound to be filed in not more than two copies, No. 1210, page 1210 of investigation records);

1. Articles of association of the Village Bus Transportation Business Association;

Application of Statutes

1. Article applicable to criminal facts;

inclusive, Articles 356 and 355(1) of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Article 62(1)(Article 62(1) of the Criminal Act provides that 300 million won has been deposited for compensation for damage, the printing and public expenses having a substantial part of the amount of embezzlement, or the embezzlement funds under the name of union activity expenses shall be deemed embezzlement in the legal aspect. However, the embezzlement of the above funds organized and paid through the deliberation of the budget of the union in the situation where the defendant is not paid any remuneration as the head of an honorary post partnership is deemed to be weak than

【Crime List omitted】

Judges Cho Jae-soo

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