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(영문) 서울서부지방법원 2014.09.23 2014고정643
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from April 2008 to January 2013, 2013, worked as a director and a secretary general at the Association D, an incorporated association (hereinafter referred to as the “Association”) located under 104 underground of Mapo-gu Seoul Mapo-gu, Seoul, as a director and a partner general, manages a branch as an affiliated organization of the Association, and has been in charge of the management of funds

1. On January 10, 2013, the Defendant: (a) made a report on the closure of the business of “E”, a beneficiary company operated by the Association, without authority, for the purpose of exercising the right; (b) submitted to the proprietor column of the report on the closure of business as if he was the F’s agent without the consent of the president of the Association; (c) written “(g) DDR E, representative E, F, and place of business: Seoul Mapo G; and (d) written “A, H, and employee” in the column of the cessation of business; and (d) written a report on the closure of business with the Defendant’s signature in the column of the agent personal information; and (e) submitted one written report on the closure of business with the qualification of the president of the Association by filing the Defendant’s agent’s signature in the column of the report; and (e) submitted it to the de facto employee without authority.

2. Around April 1, 2009, the Defendant embezzled KRW 35,581,00 for a total of 60 times from the time to January 2, 2013 as indicated in the crime sight table, in the above Association’s office, by consuming KRW 200,00,00 for an association fund deposited in the account under the name of the Association as daily living expenses, etc., and embezzled it by arbitrarily consuming it for personal purposes, such as living expenses, etc.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Legal statement of witness F;

1. Each protocol of examination of the suspect against the defendant (including copies of bankbooks attached thereto);

1. The application of Acts and subordinate statutes to a criminal investigation report (Submission of suspect explanatory materials), investigation report (No. 1:463 of the record), investigation report (the deposit passbook for donations and the user's address), investigation report (Attachment to a list of crimes), investigation report (Attachment to a list of crimes), investigation report (Attachment to a copy of the statement of closure

1. Criminal facts;

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