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(영문) 광주지방법원 2018.04.05 2017고정1495
업무상횡령
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 19, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for injury, etc. at the Gwangju District Court, and the sentence was finalized on March 17, 2016.

From December 13, 2012 to April 26, 2016, the Defendant served as a representative of the Victim C Council (hereinafter referred to as the “victim Council”) and was engaged in the duties of fund management, etc.

1. Embezzlement of occupational duties under the pretext of expenses incurred in appointing attorneys in cases of injury, etc.;

A. On February 3, 2013, the Defendant was engaged in cleaning at the office of the Victim Council located in Young-gun, Southern-gun, Seoul, at a place where the said office was located.

In the event that E was accused of having inflicted an injury (indecent act or forced indecent act) which requires three weeks' medical treatment by putting his head, knife, and flue the knife of E, and was investigated, on April 10, 2013, 5.5 million won of the amount owned by the victim council in the course of business at the office of the victim council was embezzled as expenses for the appointment of the lawyer in the above case.

B. On May 13, 2015, the Defendant embezzled the amount of KRW 4.4 million, which is owned by the Victim Council, in the course of performing duties, for the appellate trial of the case described in paragraph (a) at the office of the Victim Council.

2. On May 13, 2015, at the office of the Victim Council, the Defendant embezzled the amount of KRW 3.3 million owned by the Victim Council in the course of business on the ground of the cost of attorney-at-law appointment in a lawsuit seeking revocation of appointment of a lawyer, which is the cost of appointing a lawyer.

3. On December 30, 2015, the Defendant embezzled the amount of KRW 5,500,000, which is owned by the Victim Council, for the purpose of attorney-at-law appointment for the case of occupational embezzlement against the Defendant and G (No. 54494 of the Gwangju District Prosecutor’s Office No. 2015 type No. 54) at the office of the Victim Council.

Summary of Evidence

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