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(영문) 부산지방법원 2013.10.02 2013고정3921
횡령
Text

The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

The Defendant, from January 1, 2012 to December 31, 2012, is the president and the general secretary of “B,” who is a friendship parent-child couple, managing the membership fee of the said gathering.

At around 21:00 on January 18, 2013, the Defendant transferred KRW 10,234,727 membership fees of the gathering to E (the age of 52) who is in charge of the president and the general affairs of the said gathering at the time at the cafeteria D’s cafeteria located in Busan, the Defendant: (a) transferred KRW 8,400,730 to E (the age of 52) stating that “I used KRW 1,400,000 as if I need to pay my own money; and (b) subsequently, despite E demanded to refund membership fees of KRW 1,40,000,000, the Defendant embezzled it by refusing to return it.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes governing the association of associate groups B; and

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. Article 59 (1) of the Criminal Act of suspended sentence;

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