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(영문) 창원지방법원 마산지원 2015.02.03 2014고단1149
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2012, the Defendant was appointed as a general secretary from among the literature B C, and was in charge of accounting and property management of the literature, and managed the funds owned by the Defendant through the Agricultural Cooperative (E) in the name of the president among the literature.

1. On February 7, 2013, the Defendant: (a) transferred KRW 50 million out of the deposits in the said account with D’s aid, to his own personal account, and embezzled the funds owned by the Defendant for the operation of the StateF at will at around that time. (b) On February 7, 2013, the Defendant used the funds owned by the Defendant to be kept in business together with D, the president of the instant sentence. (c) In doing so, the Defendant: (a) transferred the funds owned by the Defendant to the said account, with D’s aid, KRW 50 million out of the deposits deposited in the said account; and (b) arbitrarily used them for the operation of the StateF.

2. On February 28, 2013, the Defendant withdrawn KRW 9 million out of the funds of the above sentence to be used for the repair works in the same place as in the preceding paragraph.

However, since the above Corporation has been revoked, the defendant, despite having to deposit the withdrawn funds again in the passbook, he deposited only 6,622,283 won in the above passbook, and the remaining 2,377,717 won in the above passbook was used at around that time as the operating fund of the (State) F.

3. Around June 21, 2013, the Defendant transferred KRW 20 million among the doors of the said account in the same manner as that of paragraph (1) at the same place as that of paragraph (1), to his/her own personal account. Around that time, the Defendant arbitrarily used it as the operating fund of the (State)F that he/she operated and embezzled.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., confession, agreement, and fact that there is no same military force);

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