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(영문) 수원지방법원 성남지원 2014.04.02 2013고정1991
업무상횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who actually operates the CF association, and has been employed from December 2008 to June 10, 2012 as a president at the Ed Council located in Gwanak-gu in Seoul Special Metropolitan City as a director of finance, and has overall control over the financial affairs of the above church.

On May 24, 2010, the Defendant: (a) transferred the deposit deposit of KRW 63 million for the first floor of the above church site from the tenant F to the account in the name of the E branch for the said church; (b) transferred the deposit of KRW 10 million on May 31, 2010; and (c) transferred the deposit of KRW 20 million on June 7, 2010 to the account of the said CFF operated by the Defendant to the account of the said CFF; and (d) voluntarily used the deposit of KRW 25 million on September 12, 2010 for the operating expenses of the CF; and (e) voluntarily used the deposit of KRW 25 million for the first floor of the above church site as the operating expenses of the CFF on September 12, 2010.

Accordingly, the Defendant embezzled 40 million won through two times as above.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of suspects of the accused (including the replacement part of the suspect);

1. A copy of the minutes of the political party;

1. Two copies of bankbooks of the Ethropian bank;

1. Application of Acts and subordinate statutes to each investigation report (report on attachment of details of transactions to accounts and hearing statements from relevant witnesses),

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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