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(영문) 광주지방법원 해남지원 2017.09.21 2017고단272
업무상횡령
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, as the representatives of the victim D clan clan clans, engaged in the duties of representing E, which is the branch of the above clans.

On July 19, 2008, the victim held an extraordinary general meeting on the 19th day of July, 2008 and decided to grant the compensation for expropriation of the land owned by the victim under the pretext of the subsidy for activation of each decentralization including the above E.

1. Around August 8, 2008, Defendant A received 63,700,000 won from the victim’s house located in the Namnam-gunF to the Agricultural Cooperative’s account under his name for the above subsidies and embezzled KRW 45,50,000 among them for the victim’s personal use, such as farming expenses.

2. Around August 8, 2008, Defendant B received 72,800,000 won from the victim’s house located in the Namnam-gun G from the victim to the Agricultural Cooperative account under his own name as the above subsidies and embezzled KRW 43,50,000 among them for personal purposes such as debt repayment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A complaint (including all attached documents);

1. In applying investigation reports (including requests for cooperation in investigation and submission of replies to the D Class D, the submission of the materials for response to financial transaction information by the present agricultural cooperative, the agricultural cooperative, the volcanic agricultural cooperative, the submission of materials for reference, the submission of materials for reference I, the submission and attachment of documents for reply to J, the submission and attachment of documents for reply to D Class E, the submission and attachment of documents for reply within Class E, and each accompanying document, photographs, etc.), and investigation reports (including the application of statutes to each suspect'

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act ( comprehensively referred to as each of them) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. Where significant damage has been restored to the mitigation area (one month to ten months) in the category 1 (the scope of the recommended punishment) of the Sentencing (the amount of less than 100 million won).

2. The Defendants embezzled the sentence.

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