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(영문) 광주지방법원 2016.05.13 2016고단976
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From 2013 to 2014, the defendant is the commander of B autonomous method B, and in 2015, the defendant was engaged in the business of managing funds of the above gathering as the chairperson of C Crime Prevention Association.

On April 30, 2014, the Defendant deposited KRW 25 million in the account number D in the name of the agricultural bank head of the Agricultural Cooperative, which is an incorporated association, for the purchase of autonomous vehicles for crime prevention, from the purchase of patriotism, around April 30, 2014, and embezzled KRW 25 million in total eight times until July 9, 2014, including transfer of KRW 3,500,000 to one’s head of the Tong around May 9, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on E, F, G, H, I, J, K, L, M, or N;

1. Application of Acts and subordinate statutes to a copy of a passbook of the C Crime Prevention Association;

1. Article 356 and Article 355 (1) of the Criminal Act, inclusive, with regard to the relevant provisions of the Act and the choice of punishment for the crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the Defendant’s mistake in depth, the motive and circumstances leading up to the instant crime, the Defendant’s full return of the damaged money, thereby purchasing autonomous crime prevention vehicles, and other various conditions of sentencing, including the Defendant’s age, sexual conduct, criminal records, family relation, etc., shall be determined as indicated in the order.

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