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Reasons
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(영문) 대전지방법원 천안지원 2019.09.20 2019고단166
업무상횡령
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant, as the president in charge of the overall duties of victims C in Seo-gu B and 2, was in office from around 2013. On December 11, 2014, the Defendant directed the director D in charge of the receipt and disbursement of funds at the office of victims in Seo-gu B and 2, Seo-gu, Seo-gu, Seo-gu, Incheon, and the second floor, to treat donations of KRW 90,000,000 donated by E to the victim as his own personal contributions. The above D transferred KRW 9,00,000, which was under an occupational custody for the victim’s account (F bank G), to a separate account (F bank H) in the name of the victim, and transferred KRW 9,000,000, which was under an occupational custody, to a separate account (F bank H) for the victim’s purpose, and the Defendant arbitrarily uses the total amount of KRW 90,000,000 from around December 19, 2017.

Accordingly, the defendant embezzled another's property in collusion with the above D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, J and K;

1. Partial statement of witness D;

1. Indicating some of the statements made by the prosecution against the defendant or D concerning the suspect examination protocol;

1. Statement of each prosecutorial statement concerning K and L;

1. Each police statement made to I, M, J, and K;

1. From March 31, 2017 to March 13, 2018, the AssociationF bank account (N) account statement, the account statement from July 1, 2014 to July 31, 2014, the account statement from June 1, 2016 to December 31, 2016, the copy of the receipt of donations (the total amount of KRW 1,7.5 million from June 10 to December 18, 2017), the submission of a written disbursement resolution on KRW 17.5 million, the account statement in D’s name, and the account statement in the post bank account in D’s name.

1. The investigation report (Submission of relevant data, such as the C Articles of Incorporation), investigation report (Submission of data, etc. on the R representative K’s “False Tax Invoice”), investigation report (A’s “S”), and report related to the contributions to the “S” (the Defendant and the defense counsel shall not exceed the amount No. 3, 7, 8, and 10 of the attached Table of Crimes.”

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