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(영문) 대구지방법원 2018.01.11 2017고단5934
업무상횡령
Text

Defendant

A and B shall be punished by imprisonment for one year, by imprisonment for six months, by Defendant D, E, and F, respectively.

Reasons

Punishment of the crime

1. From March 3, 2015 to April 18, 2017, Defendant A as the president of the Daegu J market merchants’ Association, who was in charge of overall management and supervision of the operation of the J market merchants’ Association and the execution of funds.

As a person, Defendant B is the secretary general of the J Market Merchant Association, Defendant C is the auditor of the said merchants' association, Defendant D is the vice-chairperson of the said merchants' association, Defendant E, and Defendant F is the adviser of the said merchants' association, who is in charge of the management and enforcement of the funds of each J Market Merchant Association, and the management of offices.

2. On June 2016, 2016, LAD was opened in the vicinity of the Daegu KK Station, and LAF decided to contribute to the win-win development fund in order to resolve the complaints of the merchants in the neighboring customary markets. The K, N,O, and PP merchants' Daegu Branch of the Korean Commercial Association (hereinafter referred to as the "Seoul Metropolitan Commercial Association") delegated by the K, N,O, and PP merchants' meeting (hereinafter referred to as the "Seoul Metropolitan Commercial Association") was to receive a total of one billion won as the win-win development fund by negotiating with L.

The Daegu City Merchant Association, which received the win-win development fund, paid 150,000 won for each of the above four customary market merchants' associations, and paid 50,000 won for the N and P market, and decided to use the remaining 300,000 won for storage in the Daegu City Merchant Association.

3. Defendants’ crime

A. Defendant A and B’s joint criminal acts (1) 50 million won occupational embezzlement Defendants (50 million won) requested that two of the Daegu Bank accounts in the name of the J Market Merchant Association in the name of the J Market Merchant Association in order to divide KRW 100 million and transfer KRW 50 million to two of the Daegu Bank accounts in accordance with the above resolution of the Daegu Market Merchant Association. Defendant A and B received KRW 150,000 from the Daegu Market Merchant Association and kept KRW 150,000,000 in total.

On December 16, 2016, the Defendants did not know the fact and amount of the win-win development fund in the merchant's office located in the Daegu JJ market, and the merchant's association did not know the fact and amount of the win-win development fund.

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