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(영문) 의정부지방법원 2014.04.25 2013고단3910
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From 1970 to 1970, the defendant has been engaged in the management and enforcement of real estate and funds owned by the above clan as the representative of victim D.

On November 2010, the Defendant sold 27471m2 to (1.7 billion won in the office of “F certified judicial scrivener” in Pyeongtaek-gun, Gyeonggi-do, the ownership of the said clan, to (1.7 billion won in Jeju-do).

1. On November 10, 2010, the Defendant received money from the purchaser to the Agricultural Cooperative Account in the name of the Defendant, with the purchase money, from the purchaser on November 10, 2010.

100 million won, being transferred to the Agricultural Cooperative (H) account in the name of the defendant, and embezzled by voluntarily transferring 300 million won to the Agricultural Cooperative (I) account in the name of the defendant;

2. On November 22, 2010, while keeping in custody 400 million won, which is a part of the purchase price, in the course of business being remitted to the said Agricultural Cooperative account (H) on November 23, 2010, withdrawing four copies of cashier’s checks on November 23, 2010, and embezzlement Defendant, J (President), K (General Affairs), and L (auditor) by voluntarily paying 50 million won in total as KRW 200 million;

3. From November 23, 2010 to the Agricultural Cooperative (M) account in which 200 million won was deposited from the said Agricultural Cooperative account and transferred from the said account to the Agricultural Cooperative account under the name of the defendant, embezzlement by withdrawing 10 million won cashier’s checks from the said account and paying 30 million won to N who is the defendant’s children at will;

4. Embezzlement 14.7 million won in total by withdrawing 20 million won from the said Agricultural Cooperative Account on November 26, 2010 to the Agricultural Cooperative Account in the name of the defendant, and transferring 20 million won to the Agricultural Cooperative Account in the name of the defendant, and withdrawing 4.7 million won in cash on March 7, 2011, and remitting 10 million won from the said account to the Agricultural Cooperative Account in the name of the defendant's father-child.

5. The amount included not only 500 million won transferred on January 14, 201 but also 500 million won that was remitted on December 28, 2010, in the course of business keeping 500 million won, which was part of the purchase price, in the said agricultural bank account (H).

After withdrawal from the Republic of Korea and transfer to the said Agricultural Cooperative (M) account.

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