(영문) 광주지방법원 2018.03.22 2017고정1652

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.03.22 2017고정1652

업무상횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 1, 2016, the Defendant was elected as the president of the branch of the C-Seoul Metropolitan City Branch (hereinafter referred to as the “branch of this case”) which is an incorporated association, and managed and executed the instant branch’s funds.

On June 13, 2017, at around 11:00, the board of directors held by the Central Federation of C (hereinafter “Central Federation”) which is an incorporated association (hereinafter “Central Federation”) proposed the dismissal of the president of the branch of the Defendant and passed a resolution on dismissal. The Defendant was notified by e-mail and facsimile around 17:17 on the same day.

As above, the Defendant, who was dissatisfied with the foregoing, was trying to appoint an attorney-at-law from the instant branch fund and file a lawsuit with the Gwangju District Court. At around 17:50 on the same day, the Defendant embezzled 50,000 won from the Gwangju Bank account (D) in the name of the branch of this case to the new bank account in the name of E (F) in the name of E (D) and used it as the cost of attorney’s appointment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Inquiry of transaction details, a certificate of confirmation of transfer, and a tax invoice;

1. Cases of notification of dismissal of the president of the Gwangju Metropolitan City Branch, and application of Acts and subordinate statutes of notification of e-mail dismissal of the branch president of

1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts, the choice of fines (the amount of fines shall be determined by taking into account the following factors: (a) the time when committing a crime is committed in this Act; (b) the fact that the criminal intent was weak; (c) the fact that the amount of embezzlement was not significant; and (d) the fact that the person is the initial offender);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

유사 판례

-광주지방법원 목포지원 2018.12.14 2017가합12788

-부산지방법원 2015.02.04 2014가합42267

-인천지방법원 2019.05.31 2018가합51200

-부산지방법원 2007.1.12.선고 2005가합17900 판결

-의정부지방법원 2018.02.22 2017고정1762