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(영문) 부산지방법원 2013.06.13 2012고정4213
업무상횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From February 2010, the Defendant, who was a senior friendship group, had been working as the president at the friendship group called the “C”, and had overall control over the business affairs of friendships including fund management. Around that time, the Defendant received the passbook and the seal of the head of Tong and the seal that included the above C membership fee of KRW 8,244,280 from the former general secretary D, and had him keep them on his duty for the victim C.

On May 10, 2010, the defendant withdrawn 7 million won from the membership fee owned by the victim C at the post office located in the Busan-dong, Busan-dong, and used it at his own discretion at the Busan-dong.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant (as of the fifth trial date);

1. Legal statement of witness E (the date on which the fifth trial is made);

1. Statement of witness F in the second protocol of the trial;

1. Statement made by witnesses G in the third protocol of trial;

1. Application of Acts and subordinate statutes on the management account books of friendship group management

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel's assertion on the provisional payment order against the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that they were lent to E for expenses with the consent of members.

In light of the records, the following facts are revealed: (a) the instant passbook was kept and managed by the Defendant; (b) on May 10, 2010, the Defendant withdrawn KRW 7 million from the Defendant; and (c) some members return money to the Defendant; (b) the F and G consistently stated that the Defendant borrowed money from the investigative agency to E around May 2010; and (c) the Defendant consistently stated that there was no agreement to lend money as above; and (d) around May 201, the account book lent KRW 7 million to E as interest per month.

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