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(영문) 대전지방법원 홍성지원 2018.12.18 2017고합85
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the leader of the victim D (hereinafter referred to as “fishing village fraternity”) located in Chungcheongnam-si from October 200 to June 2017, 200, who was engaged in the business of keeping, managing, and executing the funds of the fishing village fraternity.

1. Around April 1, 2014, the Defendant, at the office of the above fishing village fraternity, wrongfully embezzled KRW 454,720,00 from the time when he/she had an employee E in charge of accounting transfer transferred KRW 12,00,00 from among operational funds deposited in the account of the name of the fishing village fraternity (Account NumberF) to the agricultural cooperative account in the name of the Defendant, and he/she used such funds for personal purposes as repayment of personal debts, etc. around that time, he/she arbitrarily embezzled KRW 454,720,00 for the total amount of funds owned by the fishing village fraternity from 49 times until January 25, 2017 [the Defendant is acquitted for the same reason as the portion of innocence on the total amount of funds deposited in the account of the above 20th credit card account, including the account number of the fishing village fraternity in the name of the Defendant, from 20,000 to 20,000 for the following reasons;

Accordingly, the Defendant embezzled the total amount of KRW 502,410,540 owned by the fishing village fraternity.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to I and E;

1. An investigation report (report on the course of account transfer by each financial institution related to KRW 39 million for investments), an investigation report [Attachment to D fishing village fraternity - A account entry and withdrawal details (the second revision), etc.];

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