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(영문) 인천지방법원 2017.08.16 2017고단3484
횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was elected as the chairman of the committee for the emergency countermeasures against damage recovery formed by the said association after the representative D of the said association was divingd from November 201, 2014 while working as the head of the subsidiary branch of the C association, a similar recipient company, and the Defendant B was the head of the center for the branch of the said association.

1. On January 5, 2015, Defendant A received KRW 45 million from the Plaintiff’s agent F for the victim D’s 130 members of the said association, under a mutual agreement with the said association’s 130 members of the said association, at the office of the non-commercial administrative secretary office located on the first underground floor, Seocheon-gu, Seocheon-gu, Nowon-gu, Nowon-gu, 2015.

Defendant was operated by the Defendant at the time of having been located in Seocheon-si H during the period from January 5, 2015 to February 2015, 2015, when he deposited KRW 40,950,000 among the above KRW 45 million in one bank account in G, two new bank account in the name of G, and the new bank account in the name of the Defendant and deposited for the victim by distributing it to the new cooperative account in the name of the Defendant.

In I, it has been embezzled by arbitrarily consuming it for private purposes, such as remitting it to the J and K as a multi-level company at I’s place of residence.

2. Around January 5, 2015, Defendant B transferred KRW 14 million to a new bank account in the name of the Defendant, under a mutual agreement with 40 members who participated in the appointment of M& attorney-at-law to file a complaint against D, such as the Plaintiff’s association members N, etc. from the victim D through M, operating an attorney-at-law’s law office located in the Seoul Special Metropolitan City Gwangjin-gu L, Seoul.

While the Defendant kept the above KRW 14 million for the victim, on January 5, 2015, he embezzled it by voluntarily consuming KRW 8,580,000 to J, a multi-level business entity, for the multi-level business entity, using living expenses, etc., and by voluntarily consuming KRW 1,400,000 toO for private purposes, such as lending KRW 1,40,000 toO.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1.C Cooperatives, G and two other companies, respectively.

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