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(영문) 수원지방법원 2017.09.06 2017고정2017
업무상횡령등
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

1. The Defendant, as the president of the Korean Senior Citizens Association, has been engaged in the management of subsidies for the operation of the Korean Senior Citizens Association from May 1, 201 to January 24, 2017, as the president of the Korean Senior Citizens Association E in Suwon-gu, Suwon-si.

The Defendant received subsidies for the operation of the E Seniors Association from the Gu office in the name of the Bank of Korea (F) and kept it for the victim. On December 11, 2011, the Defendant paid KRW 167,000 to H restaurant located in the Gu office of Suwon-gu, Suwon-si for personal use, and consumed KRW 2,96,720 in total on 21 occasions as stated in the list of crimes committed in the attached Table, from that time until June 29, 2016, the Defendant arbitrarily consumed KRW 2,96,720 in total, as stated in the list of crimes committed in the attached Table.

Accordingly, the defendant embezzled the victim's property.

2. Whether the Defendant embezzled membership fees on October 24, 2016 on the ground that the receipt submitted in relation to the disbursement of the senior citizens’ membership fees from the victim L is a simple receipt, and that the receipt submitted in relation to the payment of the senior citizens’ membership fees was not affixed, at the E-gu Senior Citizens' Center located in Suwon-gu, Suwon-si, Suwon-si, which was audited by the auditor, etc.

I would like to be doubtful, and I would like to hear K and M, who is an auditor, and I would like to “I would like to do so, I would like to do so, I would like to do so, I would like to do so, and I would like to say I would like to do so.”

In a large sense, “the victim was openly insultingd.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes on transactions of passbooks (in the face of 54 of the investigation record), all copies of the resolution on expenditure, and the details of tin of the National Treasury subsidy card;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 311 of the Criminal Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;

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