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(영문) 대구지방법원 김천지원 2014.02.06 2013고정328
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From December 23, 2008 to August 11, 2012, the Defendant has been engaged in the accounting and accounting work of the union as a managing director at the Financial Specialized Maintenance Association located in the Gu and Si/Gu in E.

The Defendant, at the above partnership office, deposited revenues, such as supporting money and supporting money, etc., from the cooperative association’s account, and embezzled by arbitrarily using a fine of KRW 1 million for the violation of the H’s Road Traffic Act, which is an employee, on May 25, 201.

2. On August 11, 2008, the Defendant agreed to be liable as a joint and several surety for the above rent at the time of concluding a vehicle long-term lease agreement with L to pay the rent of KRW 800,000 in advance for 36 months in the J management’s fifth floor in the Daegu-gu International Building.

However, as L is in arrears with the rent of 5.4 million won, the J from May 201 to December 30, 201, after the court's civil litigation, made a provisional attachment of deposit claims in the Agricultural Cooperatives' Benefit Account under the name of the defendant.

Accordingly, the Defendant embezzled KRW 3 million from December 30, 201 to the above J, while depositing revenues, such as union aid and support funds, into the Agricultural Cooperative’s account (G), in the course of business.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness N or L legal statement;

1. Investigation report (compacting of telephone investigation and written recommendations for reconciliation);

1. Application of Acts and subordinate statutes to investigation reports [the general passbook in a cooperative (a single bankbook referred to as "cambing passbook")];

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

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The account in which each of the instant funds was executed is one.

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