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(영문) 대구지방법원 2016.01.29 2016고정18
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, from November 16, 200 to December 26, 2013, worked as a secretary at a victim C business cooperative located in Daegu Northern-gu, Daegu-gu, and was in charge of managing real estate lease contracts and rent deposits owned by the damaged association members.

On September 24, 2012, the Defendant deposited KRW 100,000,00 for the purpose of the real estate lease deposit to be paid to the union members belonging to the damaged union from the accounts of the damaged union at the mountain village located in Daegu-gu Busan-dong, Daegu-dong, and used the amount of KRW 8,50,000 among them for personal purposes, after retired from the damaged association on December 26, 2013, the Defendant voluntarily consumed the amount of KRW 10,000 for personal purposes, such as living expenses, from the unclaimed land.

Accordingly, the Defendant embezzled KRW 8,500,000, which was under the occupational custody for the damaged association.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing substitute slips, remittance details, and deposit without passbooks;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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