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(영문) 청주지방법원 충주지원 2017.07.04 2017고단392
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is a person who has performed the general duties of clan C from around 2002 to January 2015, and has been in overall control of the assets and the fund management of the same clan.

On July 12, 201, the Defendant sold D Forest land owned by the said clan to Cheongho C&C Co., Ltd. and received KRW 730,00,000 from the said company. The Defendant paid KRW 138,742,390 among them as transfer income tax, etc., and paid KRW 24,00,000 to other members of the same clan as transfer income tax, etc. even though he paid KRW 233,879,110 to other members of the same clan with consulting expenses, the Defendant deemed that he paid KRW 233,879,110 to other members of the same clan. The difference was added to 71,157,606, which was kept in the account of the Defendant’s name for the said clan, while the Defendant kept it in business for the said clan, on April 10, 2012, he arbitrarily consumed the said money to another account in the name of the Defendant for the said clan from around 201 to December 19, 20.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to H, I, and J;

1. H’s petition and supplementary statement of the cause of the complaint;

1. Copy of a bankbook and details of account transactions;

1. A registration certificate of a clan;

1. C clan rules, copies of each real estate trade contract, proof of tax payment, real estate service contract ( October 1, 201), real estate service contract (land service contract, July 12, 201), all the registered matters, certificates of deposit, copies of bankbooks, and receipts (data submitted by the complainant);

1. The rules of the clan, the minutes of the clan, and the list of the written consents of the clan members association;

1. Copy of a bankbook, details of account transactions, etc. (H submission);

1. Terms and conditions of agreement (defendants, J, clan settlement (2009 to 2014), real estate services invoice, deposit slip (transfer consulting cost of KRW 23 million), etc. (Presentation of Defendant)

1. A plan for confirmation of one division, such as a return on the standard amount of capital gains tax and a statement of payment (I submission);

1. Each investigation report (the embezzlement of this case) shall be filed.

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