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(영문) 수원지방법원 2017.12.12 2016고단7907
업무상횡령등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. According to the evidence duly adopted and examined by this court from May 2009 to August 201, 2016, the Defendant resigned from the position of the president of the victim D Merchant Association around August 2016, and the correction of this part cannot be deemed as infringing upon the Defendant’s right to defense. Thus, the Defendant’s criminal facts are revised as follows.

A person who works as the chairperson of the victim D Merchant Association and is in charge of overall management, such as management and finance of the said merchant's association.

With respect to the entry of “E” and the extension of “F,” around October 2014, the Defendant received transfer of KRW 462,195,000 from G Co., Ltd. to a business bank account in the name of the victim, as a result of the win-win agreement concluded between G Co., Ltd., H Co., Ltd. and I Federation, and around January 30, 2015, from H Co., Ltd., and around February 5, 2015, the Defendant received transfer of KRW 462,195,00 to the business bank account in the name of the victim.

On February 10, 2015, the Defendant voluntarily consumed KRW 24,50,000,000 in total by the same method 14 times until January 2016, as shown in the list of crimes in the separate sheet of crimes, from the account under the name of the Defendant or K to the personal purpose, without undergoing the procedures set forth in the articles of incorporation at the office of the D Merchant Association in Suwon-si, Suwon-si, Suwon-si, the Defendant transferred 1.25 million won to the Agricultural Cooperative Account under the name of the Defendant and used it individually.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, at around January 26, 2016, demanded that certain members disclose the articles of association for the transparent enforcement of the development fund of the above win-win Convention when he/she holds a meeting of the board of directors of the said merchant association, he/she would be erroneous that he/she would have been operating the merchant association without holding a general meeting during that period.

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