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(영문) 서울서부지방법원 2015.07.17 2014고정1999
업무상횡령
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by a fine of 500,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A, from July 1, 2013 to October 31, 2013, is a person who works as an agent for the president of a cooperative for the victim H reconstruction and improvement project from around July 1, 2013 to around October 31, 2013 and was engaged in overall management of the fund management of the said

Although the Defendant, while engaging in a separate occupation, was well aware that he does not constitute a full-time officer who is entitled to receive remuneration under the articles of association of the association, he/she has received 12.5 million won in total from the account in the name of the Defendant’s name for every four months for the said period of work, and embezzled 12.5 million won in total under the name of the Defendant’s salary for September.

2. Defendant B

A. On October 20, 2013, at the entrance of the Defendant’s residence, the Defendant arbitrarily sealed the seal of J in the column for signature and seal of a written resolution of the extraordinary general meeting set forth in the agenda items, such as the appointment, etc. of the president of H reconstruction and improvement project association, at the entry of the Defendant’s residence, and forged one copy of the written resolution of the extraordinary general meeting under the name of J in the name column of the said written resolution through an employee who works for the service company that performs the affairs related to the requisition of the said written resolution through his/her name unsatisfy, who is an employee belonging to the service company that performs the affairs related to the requisition of the said written resolution.

B. At the office of H reconstruction and rearrangement project association office located in the fourth floor of Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul, the Defendant submitted to the said association election commission a written resolution of the extraordinary general meeting under the J’s name, as seen above, as if the written resolution of forgery was duly prepared, and exercised it.

Summary of Evidence

【Court No. 1】

1. The defendant A's partial statement

1. Legal statement of the witness M, witness N and part of the legal statement of the witness N;

1. Protocol concerning the examination of suspect to the K;

1. Investigation report (Analysis of suspect A monetary base station);

1. The establishment and payment of the articles of association;

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