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서울남부지방법원 2014.02.10 2013고정2706
업무상횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the chief vice-chairperson of an organization “D Committee” located in Yangcheon-gu Seoul Metropolitan Government C. 208, the Defendant embezzled KRW 32,240,000 from September 201 to February 2013 by using KRW 16 times in total,539,789 for personal purposes, as shown in the attached Table of Crimes, when managing the said funds in the name of the said commission, in which KRW 32,240,000 per capita deposited in order to use the funds as litigation costs, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. An interrogation protocol of the accused by the prosecution (E substitute interrogation);

1. Examination protocol of the accused by the prosecution (F, G, and H substitute)

1. Each police statement of E and F;

1. A complaint of I and E;

1. Each petition of I and E;

1. Union bylaws;

1. Making inquiries into the details of deposits and withdrawals transactions;

1. A criminal investigation report (Submission of materials who has filed a complaint);

1. Investigation report (Submission of a written statement of reference);

1. Application of Acts and subordinate statutes on investigation reports (F account transactions);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment.

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.