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(영문) 창원지방법원 통영지원 2013.10.07 2013고단537
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the head of the fishing village fraternity B from March 20, 2007 to March 11, 2013, who is the victim, and takes charge of the overall management of the public funds (profit from the joint fishing ground and the charged fishing place rent and compensation for damage to fishery) and expenditure of the fishing village fraternity, profit-making business, and compensation for damage to the fishing village fraternity.

On the other hand, the victim's public funds should be executed and used according to the budget details compiled at the time of a regular general meeting, and when executing and using condolence expenses, etc. which have not been compiled in the budget, they should undergo a resolution of the special general meeting.

On March 20, 2007, as the Defendant was appointed as the head of the above fishing village fraternity, the Defendant received KRW 14,390,714 from C, the former head of the fishing village fraternity, in cash, the sum of KRW 16,119,00,000, such as the compensation expenses related to the big bridge, the compensation expenses related to the new port, the compensation expenses for fishery damage, etc. during the above period of his/her employment as the head of the fishing village fraternity, and the Defendant received the rent from the lessee of the common fishing village and paid fishing place in cash.

The Defendant, as seen above, while keeping the public funds of fishing village fraternities, compensation money, and rent income succeeded for victims in business, withdrawn KRW 7,00,000 from the funds of fishing village fraternities that were deposited in the fisheries cooperative account (Account Number D) in the large-scale fisheries cooperative G branch located in F on March 21, 2007 and voluntarily consumed such amount as living expenses, entertainment expenses, etc. around that time. From that time to February 20, 2013, the Defendant embezzled KRW 83,091,122 of the total amount of the public funds of fishing village fraternities for 50 times in total by means of the same method as indicated in the annexed crime list from February 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Written statements of J and K;

1. B details of accounts for managing public funds of fishing village fraternities, copies of the B-2007-2013 general meeting reports of fishing village fraternities, B-2013, and revenue and expenditure details of fishing village fraternities, in 2013;

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