(영문) 부산지방법원 동부지원 2019.01.10 2018고단2075

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2019.01.10 2018고단2075

업무상횡령

Text

[Defendant A] The defendant shall be punished by a fine of KRW 20 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendants A, a co-principal of the Defendants, is a member of the victim's "C church" in Busan Metropolitan City, and has overall control over the financial affairs, the operation, management, etc. of the church, and Defendant B, as the head of the finance division of the damaged church from January 2008 to December 2015, has been in charge of the receipt and disbursement of church funds, such as the contribution money, while keeping the contribution money owned by the members of the damaged church.

On the other hand, the finance of the damaged church shall be raised with the contribution paid by the members, the funds raised shall be disbursed by the person in charge of each department through the resolution of the district council based on the budget bill prepared by the planning committee, and shall be executed by the head in charge of finance in the way of approving it.

A. Defendant B embezzled the amount of KRW 100 million out of the funds of the damaged church that was kept for the purpose of the damaged church in collusion with Defendant A, and embezzled by arbitrarily lending them to D around December 1, 201.

B. Around April 2, 2015, Defendant A conspired with Defendant A to use Defendant A for certifying the balance of the head of the Tong to obtain a U.S. visa issued by Defendant A, Defendant A arbitrarily transferred KRW 80 million of the damaged church funds to the account under the name of Defendant A; (ii) around July 23, 2015, Defendant A arbitrarily lent KRW 10 million out of the funds of the damaged church funds kept for the work of the damaged church; and (iii) around December 6, 2015, Defendant B embezzled KRW 20 million out of the funds of the damaged church funds kept for the work of the damaged church.

2. The Defendant of Defendant B’s sole criminal conduct, on December 4, 2012, arbitrarily lent KRW 200 million to D out of the funds of the damaged church that was kept in office for the damaged church on his/her duty, and at his/her own discretion from around that time to October 26, 2013, such as the list of crimes in the annexed list.

유사 판례

-대법원 2011. 1. 13. 선고 2010도9725 판결

-수원지방법원 2015.10.08 2014노6442

-수원지방법원 안양지원 2017.02.24 2015고정1051

-대법원 2007. 12. 27. 선고 2007다17062 판결

-서울고등법원 2009. 2. 20. 선고 2008나30873 판결