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(영문) 부산지방법원 동부지원 2019.05.02 2019고단173
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 26, 2016, the Defendant offered that he/she would substitute for the registration certificate of the clan B (hereinafter referred to as the “victim’s clan”) to the Defendant who was the general secretary of the Victim’s clan C, and received the passbook and seal from C, which was kept in the name of the clan, and then embezzled KRW 30 million from January 25, 2016 among the KRW 4,3.1 million, which was kept in the said account (D), around January 25, 2016, and KRW 13 million from January 26, 2016, respectively, to the Agricultural Cooperative (E) in the name of the Defendant, and then arbitrarily consumed it with the FF business expenses of the Defendant’s management.

2. The Defendant is a person who has been in charge of the management of the victim’s clan property as the general secretary of the victim’s clan from around November 2016 to January 2018.

On November 2016, the Defendant sold the land owned by the victim clan to I in order to prepare relocation expenses in order to raise the cemetery of the victim clan of the victim's clan located in the Gyeongnam-gun G, Gyeongnam-gun, and then received KRW 211,50,000 from the above victim clan to the account in the name of the clan, and kept for the victim's clan, while he kept for the sake of the victim's clan, he transferred KRW 6,000,000 on December 26, 2016 to the Agricultural Cooperative (J) account in the name of the Defendant, as shown in the attached list of crimes, from that time until March 10, 2017, and embezzled KRW 196,005,000 in total to the account in the name of the Defendant and the name of F corporation, and then arbitrarily consumed it for business expenses of the F corporation, etc.

B. On November 2017, the Defendant received KRW 3,00,000 from the Defendant’s name national bank account (M) on November 8, 2017 with respect to the Sinnam-gun, the forest land owned by the victim’s clan at a non-permanent place, and received KRW 15,00,000 in cash on March 6, 2018 and received KRW 9,000,000 in total from the Defendant’s name and received KRW 15,000,000 in cash on March 6, 2018 for the victim’s clan while keeping the money for the victim’s clan.

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