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(영문) 서울동부지방법원 2014.05.30 2013고단1615
업무상횡령
Text

Defendant

A and C shall be punished by imprisonment for eight months, and by imprisonment for one year, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

[criminal power] On January 4, 2012, Defendant B was sentenced to two years of suspended sentence for one year of imprisonment with labor for violating the Punishment of Violences, etc. Act (joint coercion) at the Seoul Southern District Court on the grounds that Defendant B violated the Punishment of Violences, etc. Act, and the judgment became final and conclusive on January 12, 2012.

【Criminal Facts】

Defendant

B from around 1990 to around 1990, in charge of the administrative affairs of the Ho's I church in Gangdong-gu, and from around 1993 to around 193, Defendant C was employed as a member of the finance committee at the time of the instant case, and the above Defendants B and C were in conflict with J, which is the member of the above church, and Defendant A was dismissed as the representative of the above church on April 22, 2012, and the said church was dismissed as a member of the pastor from the above church to the time of withdrawal on June 17, 2012.

On June 17, 2012, in order to prepare civil and criminal litigation costs due to disputes with J pastors, Defendants withdrawn from the Hao Association of the said Hao and conspired to use the building and land of the said Hao Association of the Hao Association of the said Hao Association as collateral after joining the Hao Association of the Hao Association on June 21, 2012.

On June 28, 2012, the Defendants: (a) performed the registration of the establishment of a collateral of KRW 650,000,000,000,000 won for the land of the Illied Association located in Gangdong-gu Seoul Metropolitan Government, which is a collective ownership of the members of the Victim Hono Association; (b) embezzled by borrowing KRW 182,208,58,583 to use the land for the purpose of the dispute with the J pastor and the cost of litigation incurred in the operation of the Koem Association; and (c) embezzled by borrowing KRW 182,208,583 to use the land for the purpose of the operation of the Koem Association.

According to the records, the object of the embezzlement of this case seems to be "the building and land in Gangdong-gu Seoul Metropolitan Government, the collective ownership of the members of the IG."

Summary of Evidence

1. Each prosecutor's interrogation protocol against the Defendants

1. Legal testimony by J of a witness;

1. Statement to J police officers;

1. Prohibition of entrance and exit, such as a complaint, certificate of affiliation, etc.;

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