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(영문) 서울중앙지방법원 2017.07.18 2017고정869
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

C From June 30, 2012 to September 3, 2013, and from April 1, 2016 to the same month.

4. Until November, 11, a person who served as the chairperson of the victim D clan (hereinafter referred to as "victim clan") and the defendant has served as the vice chairperson of the victim clan for the same period and has been engaged in affairs such as the management of funds of the victim clan.

On April 2016, the Defendant and C conspired to appoint C's counsel with the funds of the victim's clan as they were accused of defamation by the victim's clan E.

Accordingly, on April 8, 2016, the Defendant and C embezzled the amount of KRW 11,00,000,000 from the said attorney’s new bank account from the Defendant’s agricultural bank account of the victim clan in Seongdong-gu Seoul, Seoul, as a defense counsel, and signed and sealed each letter of resolution for disbursement of KRW 11,00,000,00 in terms of the fees for the use of the services.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness I and C's respective legal statements;

1. Statement made by the police to J;

1. Details of expenditure of the principal of complaint, written resolution on expenditure, clans rules, minutes of the general meeting of shareholders, 11 million won;

1. Application of Acts and subordinate statutes to police and prosecutorial investigation reports;

1. Article 356 of the Criminal Act and Articles 355 (1) and 355 (1) of the Criminal Act and the selection of fines concerning the crime;

2. A fine of one million won to be suspended;

3. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

4. Article 59(1) of the Criminal Act of the suspended sentence (including the following favorable circumstances: (a) there are some conditions to be considered for the commission of the crime; (b) there are false records of punishment; and (c) there are no records of punishment; and (d) there are no other favorable circumstances such as the fact that the circumstances before the opening of the crime would not lead to re-offending even if the defendant does not sentence); and

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