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(영문) 춘천지방법원 속초지원 2014.11.26 2014고단424
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From January 2013, the Defendant has been engaged in the management of funds, such as receipts and disbursements, accounts, etc., as the general affairs of the Victim C Village Association (the head of the household) located in Gangwon-gun B.

1. The Defendant, as seen above, took charge of the general affairs of the Victim C Village Association’s membership fee deposit and deposited the C Village Association membership fee on behalf of the victim, withdrawn 100,000 won in cash deposited in the said account at an French place on January 18, 2013 and used 70,000 won among them for personal use around that time. From that time to March 21, 2013, the Defendant consumed 4,631,540 won in total for personal use for 10 times as shown in the attached Table 1.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, as seen above, was in charge of the general duties of the Victim C Village Association’s Savings and kept the passbook and the C Village Association seal connected to the Agricultural Cooperatives (F) that deposited the savings account of the Victim C Village Association on behalf of the Victim. On April 12, 2013, the Defendant terminated the said installment savings and transferred KRW 5,186,836,000 to the account as indicated in paragraph (1) (C) around April 15, 2013, the Defendant spent KRW 1.5 million in cash deposited to the said account for personal use from around that time to October 17, 2013, and consumed KRW 28,4296,496 in total as indicated in the attached Table 2 of the Crimes Day until October 17, 2013.

Accordingly, the defendant embezzled the victim's property.

3. The Defendant committed the crime of subsidies to the Village Association, as above, while taking charge of the general affairs of the Victim C Village Association, while keeping the head of the Tong connected to the Agricultural Cooperatives (CF) account deposited with the direct payment subsidies to the C Village Association (G number): the head of the Tong and C Village Association’s painting on behalf of the victim, around May 10, 2013.

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