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(영문) 청주지방법원 2015.09.08 2015고정521
업무상횡령
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 201, 201, the Defendant was elected as the Self-Governing Chairperson of the Dacheon-gun, Jincheon-gun, Chungcheongnam-do, Chungcheongnam-do, and was engaged in the business of receiving and managing apartment repair construction expenses and management expenses from the accounts of Nonghyup D.

1. On November 3, 2014, the Defendant: (a) voluntarily withdrawn KRW 2 million from the head of the Tong for the management expenses of the apartment in which KRW 3,024,194 was deposited; and (b) embezzled using the Defendant’s wife’s cancer surgery expenses.

2. The Defendant, as the head of the autonomous council, embezzled KRW 100,000 per month and KRW 1.2 million per year from the account in the name of the Defendant for which management expenses were deposited from January 2014 to December 2, 2014, and embezzled KRW 1.2 million on December 16, 2014 by arbitrarily using them as activity expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to analyze the details of savings deposit passbooks and management expenses;

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The Defendant is dissatisfied with his confession in sentencing.

The defendant embezzled 2 million won as a spouse's hospital expenses by embezzlement, but returned 1.5 million won around December 16, 2014, and used 50 million won as activity expenses on the same day.

The amount of fine shall be determined by taking into account all the conditions of sentencing, including the fact that the defendant is aged, most damage is recovered, and the character and conduct of the defendant, the motive and consequence of the crime, and the circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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