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(영문) 대구지방법원 2017.06.14 2017고정907
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The defendant, who is similar to C's general affairs and has been in charge of the finance and general affairs of the plenary session, thought that he will receive and return construction money paid from the construction business operator.

On October 22, 2014, the Defendant concluded a contract for construction work with F representative G and H to the E restaurant located in Gyeong-gun, not Gyeongnam-do on October 22, 2014, the Defendant appropriated the construction amount of KRW 30,738,00 in excess of the actual construction cost, and entered into a contract for construction work with F representative G and H as KRW 38,783,000.

On October 22, 2014, the Defendant transferred the total of KRW 38,738,000,000, and KRW 38,738,000 on March 5, 2015, to the Agricultural Cooperative (J) account of G under the pretext of construction cost. On October 22, 2014, the Defendant returned KRW 9,870,000, in difference with the actual construction cost of KRW 30,738,00 from G to the Daegu Bank account of the Defendant (K).

On October 23, 2014, the Defendant withdrawn a total of KRW 10,000,000, including the said KRW 9,870,000, from the said Daegu Bank Account, and subsequently voluntarily consumed the Defendant’s hospital expenses, etc. around that time.

As a result, the Defendant embezzled funds in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of the police concerning L;

1. Statement made by each prosecutor with respect to M and G;

1. Statement made by the police against M;

1. Report on the results of the Cth regular meeting, the final meeting rules, each general meeting report, statement of contents of passbook transactions, certificate of contents, meeting convocation notice, each general meeting meeting minutes, meeting minutes, meeting minutes of each executive meeting, rules, records of transaction of passbooks, details of resolution of executive meetings, details of transaction of passbooks, confirmation of transaction details, etc., copies of transaction details of passbooks, AFF bank transaction details, AFF bank transaction details, receipt, etc., AFF bank transaction details, N(A) bank transaction details, receipt, etc., N(A) Daegu Bank transaction details, deposit receipt, receipt, disbursement resolution letter, etc., copy of cash receipt book, A Saemaul Bank Depository transaction details, deposit receipt, etc., statement hearing statement and report related to the transaction of passbooks, which is an appellant

1. Article 356 of the Criminal Act applicable to the crime and the choice of punishment.

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