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(영문) 인천지방법원 2018.11.22 2018고단3444
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From July 2014 to July 2017, the Defendant took overall charge of the affairs of the injured party-friendly council, such as managing property, such as the property of the injured party-friendly council, such as the sale of the park cemetery and the operation fund, etc., with the chairperson of the injured party-friendly council D (hereinafter referred to as the “ injured party-friendly council”).

1. On September 22, 2015, the Defendant embezzled the total amount of KRW 9240,000,00 as shown in the annexed crime list, from that time to July 29, 2017, from that time, he voluntarily withdrawn KRW 2 million as activity expenses while keeping the property of the damaged clan, such as the price for selling the graveyard of the victimized clan at the office of the victimized clan, in the course of business.

2. Occupational breach of trust;

A. According to the articles of the damaged relatives’ association, the president of the victimized relatives’ association shall faithfully manage the property of the victimized relatives’ association by faithfully recording, organizing, and keeping records of the current use of the park cemetery, records of the collection of park cemetery management fees, property records, etc., and a person who has contributed significantly to the development of the victimized relatives’ society and members-friendly relationship, or who has contributed significantly to the development of the victimized relatives’ society and the promotion of honor during the literature, may be rewarded by a resolution of a majority of the regular board of directors or more. Therefore, a resolution of the regular board of directors should be followed in order to allow the members of the

Nevertheless, the defendant, in the course of managing and disposing of the property of the clan, prepared a written consent to the use of the damaged clan cemetery park cemetery at the office of the damaged clan on September 11, 2014 and made it available to E at will, without going through the lawful procedures of a regular resolution of the board of directors, for the management and disposal of the property of the clan.

As a result, the Defendant acquired property benefits equivalent to KRW 10,000,000, which corresponds to the first right to use a cemetery for the victimized clan, and suffered property damage equivalent to the same amount.

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