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(영문) 춘천지방법원 원주지원 2017.02.17 2015고단1183
업무상횡령등
Text

Defendant

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

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

Reasons

Punishment of the crime

"2015 Highest 1183"

1. Defendant A

A. Defendant A is the head of the Victim F church located in G at the original state (hereinafter referred to as “hel”) and Defendant A has been engaged in the duty of managing and executing the overall financial affairs of the Victim church from January 1, 2012 to December 31, 2014, which is the head of the finance division in charge of managing and executing the overall financial affairs of the Victim church, and has been engaged in the duty of making adjudication in accordance with the procedures set forth in the Victim church.

Defendant

A around August 27, 2014, around 20:35, at the meeting room of the victim church, the head of the meeting room of the victim church as the Council C shall attend the meeting of the victim church members with the victim church C as the head of the church, and passed a resolution to sell the "the number and the site of the victim church owned by the victim church located outside H 6 in the Chungcheongbuk-si, Chungcheongnam-si, Ha (hereinafter referred to as the "real estate of this case")."

Then, Defendant A participated in the “J-authorized Brokerage Office” office located at the Won-si around September 5, 2014, and prepared a real estate sales contract to sell the instant real estate to K for the buyer by participating in the victim church agent, and received 40 million won deposit from the above buyer to the L association account (M) account in the name of the victim church on the same day, and received 360 million won balance from the same account around September 12, 2014.

Defendant

A was the director of the finance division of the victim church, and therefore there was a duty to keep and use the above money in good faith for the victim church.

Nevertheless, around September 12, 2014, Defendant A withdrawn KRW 50 million out of the above purchase price, and paid KRW 25 million out to N who works for a real estate broker as the expenses for solving the problem of real estate brokerage commission and access roads, and then divided the remainder of KRW 25 million, excluding KRW 500,000,000,000, which is excluding KRW 500,000,000,000 fromO.

Accordingly, the Defendant embezzled KRW 24.5 million.

B. Defendant A, at the victim church office around December 2014, has been kept in the victim church office and the victim church.

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