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(영문) 대구지방법원 경주지원 2015.01.29 2014고정292
업무상횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From around February 28, 2017 to February 28, 2010, the Defendant has been in charge of managing the membership fees and management of the victim C clan.

From June 17, 2009 to June 17, 2010, the Defendant embezzled the amount of KRW 27,800,350 (one-year interest on KRW 27,000,000 among all types of membership fees) owned by the victim to the account of the post office with one-year maturity under the name of the Defendant, by refusing to return without justifiable grounds, notwithstanding the victim’s request for return on June 18, 2010.

Summary of Evidence

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Part of the police interrogation protocol of the defendant

1. Statement made to D by the police;

1. Part of the written statements of the defendant;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (including attachment, such as current general affairs E and telephone conversations investigation, hearing of statements by a witness E with the current general secretary, meeting minutes, etc. submitted by the complainant, and accompanying materials);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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