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(영문) 의정부지방법원 고양지원 2018.06.21 2018고정90
횡령
Text

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

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

Reasons

Punishment of the crime

Defendant

A, from May 2012 to June 2015, at the general affairs of the victim ‘Churgic Association' located in the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, the amount of KRW 100,00 per month among the management expenses collected from prosperity members, was accumulated and kept as a management director's retirement reserve.

On June 2015, the Defendant rejected the return of KRW 3,200,000 from the retirement reserve of the management director who had been in his/her custody, despite the fact that he/she had to return it to the general secretary, even though he/she had to be dismissed from the general secretary of the management office.

Accordingly, the Defendant embezzled KRW 3,200,000, which is kept as the retirement reserve of the Director of the Management Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to inquire into details of liquidity transactions in management expenses accounts;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Taking into account such factors as: (a) embezzlement of reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the amount of injury has not yet been recovered; (c) the Defendant has no record of punishment other than fines for a violation of the Labor Standards Act; and (d) the Defendant, while holding office as a general manager of the shopping mall of this case, was trying to reduce the cost of the shopping mall.

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