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(영문) 청주지방법원 2018.02.01 2015고단1526
횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the embezzlement of KRW 55 million around June 4, 2010 shall be acquitted.

Reasons

Punishment of the crime

1. The Defendant was the president of the Victim B clan from January 5, 2006 to December 30, 2011.

On April 2010, the Defendant was entrusted with the sale and purchase of the land located in Seongdong-gu Seoul ( approximately KRW 237.7 square meters, hereinafter referred to as “C land”) in the large exhibition, which is owned by the said victim’s members, from the first police officer on April 2010, and the same year.

4.5. At the E-authorized Brokerage Office located in Sung-gu Daejeon Daejeon Metropolitan City, Daejeon Metropolitan City, selling the said land to F at the purchase price of KRW 264 million.

The Defendant kept the above purchase price of KRW 264 million for the victim, but around that time, issued only KRW 230 million to the victim and used the remaining KRW 34 million for personal reasons, such as living expenses.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant was a current or former representative of the Victim B clan from January 5, 2006 to December 30, 201, and was transferred KRW 173,075,740 from the former representative G, etc. on January 5, 2006 to deposit money in the Defendant’s name account, the general secretary H account, and the former general secretary account, etc.

A. The defendant committed the crime on March 3, 2009 that was a clan member at the time of February 2009.

H demanded H to return all of the clan funds to the Defendant as a general secretary, and H to deliver a passbook in the name of the Defendant who was in possession of the Defendant at the point of view of the operation of the K Union at the point of view of the Cheongju-si on March 3, 2009, and then withdrawn KRW 20,828,000 in the above account on the same page, and then arbitrarily consumed for personal use around that time.

Accordingly, the Defendant embezzled 20,828,000 won owned by the victim who was in custody for the victim.

B. The Defendant committed a crime on November 17, 2009, with the funds of the clan as above, around February 2009.

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