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(영문) 수원지방법원 2017.11.30 2017고단5746
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 2012, the Defendant works as the head of the wife population C, and is the representative of the residents of the C community who suffered damage, who manages and keeps the public funds of the community through the Agricultural Cooperative Account (E) established in the name of “A” as the representative of the residents of the C community.

In the process of resolving disputes and civil petitions arising from the establishment of a charnel house from around May 2012 to H and village residents who constructed a temple called “G” in the wife population F in the vicinity of the village, the Defendant: (a) received money from H as “village development fund” and agreed to use it as a village public fund for the village residents; and (b) agreed to use it as a village public fund for the village residents.

According to the above agreement, the Defendant received KRW 50,00,00 from H on December 26, 2012 to the Agricultural Cooperative account (I) opened in the name of the Defendant’s personal name and received KRW 50,00,00 from H for the purpose of the Village Development Fund, and did not transfer it to the Agricultural Cooperative account (E) under the name of “A” (hereinafter “A”), which is a village public fund, and lends KRW 30,00,000 among them to residents of the village on the following day; the remainder is consumed voluntarily; ② The amount is 50,00,000,000 from H on April 26, 2013 to 30,000 for the purpose of private use, such as loan interest and the Defendant’s private use; and ③ the amount is transferred from H on May 15, 2013 to the Defendant’s private use of 30,000,0000,000 for the purpose of the Defendant’s private use of the Fund.

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