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(영문) 대구지방법원 포항지원 2014.06.25 2013고정676
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, from January 1, 2012, served as the president of the Victim D Association (hereinafter referred to as the “Association”) from around January 1, 2012, and has overall control over all the affairs related to the operation of the Association, such as fund management, etc., and the chief director who is paid to the president of the above union a monthly fixed amount of expenses shall be used only for the expenses necessary to perform the affairs related to

Nevertheless, around February 15, 2012, the Defendant received KRW 3 million from the said partnership to the Agricultural Cooperative (E) account under the name of the Defendant’s name for February 15, 2012, and kept it for business purposes. On February 16, 2012, the Defendant transferred KRW 1.5 million among them to the Agricultural Cooperative Savings Account (F) account in the name of the Defendant, and used it for personal purposes.

In addition, the Defendant appears to have transferred KRW 1,500,000 to the Defendant’s installment savings account in accordance with the evidence of KRW 15,000,00,000, which was received from the said union on a total of 10 occasions from February 16, 2012 to December 17, 2012, as stated in the attached list of crimes, from around 10 to around 17, 2012. However, this part is excluded from the charges and is disadvantageous to the Defendant, thereby recognizing the contents of the indictment.

B used to pay installment savings for personal purposes, and arbitrarily consumed for personal purposes.

As a result, the defendant embezzled the property of the above union in his occupational custody.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning G;

1. A details of transactions, a written resolution on sales and public funds transactions, and a certificate of account transfer in the name of the Agricultural Cooperatives (E);

1. Application of statutes on details of transaction in the NongHyup (F) Account under A;

1. Relevant provisions of the Criminal Act, Article 356 of the Criminal Act, and Article 355 (1) of the Criminal Act (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion.

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