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(영문) 대전지방법원 2012.02.10 2011고단3270 (1)
업무상횡령등
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the chairman of the FJ, and the defendant B, as the representative and the general secretary of the above clan, has been engaged in the general affairs including the management of the property of the above clan, and he has conspired to embezzlement the money received from the other party to the lawsuit by winning the above clan in the civil trial.

around June 24, 2010, the Defendants were in custody of KRW 171,322,736, a sum of KRW 172,736 from G, who was the other party to a clan’s civil lawsuit, to the Korean bank account (H) in accordance with the court’s ruling, and deposited KRW 120,452,736 in full on the same day, and deposited KRW 50,870,00 in another account under the name of a clan. The Defendants were in custody of Defendant B around July 1, 2010, remitted KRW 25,435,000, a half of which was the other party to the clan’s civil lawsuit, and half of them were arbitrarily consumed for personal purposes by Defendant B.

As a result, the Defendants conspired to embezzlement 50,870,000 won, which is the victim of the above clan.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect by some prosecutors against the Defendants

1. Each legal statement of the witness J and K;

1. A certified copy of each register;

1. Receipts and agreements;

1. The following circumstances revealed in the evidence of the judgment on the issues of passbook copies, namely, ① the 50,870,000 won used by the defendants individually from the victim clans after the lawsuit, such as the registration of transfer of ownership between the victim's clans and G, was concluded, and Defendant B returned to the victim's clans in accordance with the agreement between May 25, 2010 and May 28, 2010, which is the legal amount attributed to the victim's clans. ② The defendants bear most of the costs of the lawsuit in question. However, the defendants are entitled to winning the lawsuit in accordance with the resolution of each management committee of the victim's clans as of March 23, 2008 and October 11, 2008.

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