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(영문) 서울중앙지방법원 2015.05.13 2015고정1239
업무상횡령등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant served as the president of the clan C from August 14, 201 to September 8, 2013, and took overall control of all the duties of the said clan, including the management of religious rites, property, and graveyard.

On December 2, 2013, the Defendant, at the Defendant’s house located in Jongno-gu Seoul Metropolitan Government, requested the return of various documents owned by the said clan (such as a certificate of forest registration right, F University sale contract, school juristic person’s land sale agreement, written confirmation of acceptance of land acceptance, written confirmation of performance, F University H certificate, written request for consultation on purchase of land for the formation of university camp, reply to the transfer of waste disposal facilities for the attraction of university, reply to the cancellation of the agreement for the conclusion of land sale, notification of cancellation of the agreement for the conclusion of land sale, pledge establishment of the F University C clan head, forest and road relations, minutes of 2013, etc.), on the ground that the new president does not want to bring about civil and criminal issues against the Defendant, on the ground that he/she rejected the return of the above documents on January 1, 2014, and did not properly manage the said property of the victim, which is the victim.

Accordingly, the defendant refused to return documents owned by the above clan, and at the same time interfered with the management of the victim's clan property by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Complaints of E preparation;

1. Application of the Act and subordinate statutes to the statement made by K and J in the second police interrogation protocol against the accused;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense and Article 314 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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