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(영문) 제주지방법원 2011.10.25 2011고정310
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From the end of October 2009 to November 19 of the same year, the defendant is a person engaged in the management of church donation, etc., if he is the director of the finance division of the victim Diplomatic Association in Western City C from the end of November 2009.

From November 19, 2009, the Defendant kept KRW 5,420,423 of the deposit money owned by the above victim church in the Agricultural Cooperative passbook in the name of the Defendant in the National Federation passbook (Account Number E) of the Agricultural Cooperative under the name of the Defendant, and kept KRW 360,000 deposited in the passbook (Account Number E) in the name of the above victim church for the victim church, on the ground that most of the members move to the general meeting due to the inside dispute of the church, they arbitrarily withdrawn the above money without the resolution of dissolution, disposal of residual property, or approval of disposal of the remaining properties of the general meeting, and embezzled it on December 31, 2009 by depositing it in the passbook (H) of the Jeju National Cooperative Bank of Korea (H).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Paper (Evidence No. 42 pages of evidence);

1. Application of Acts and subordinate statutes to details of transactions in each passbook and investigation reports (in relation to the curriculum list, attachment, such as the book of accounts of Diplomatic Association, etc.);

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act on the Detention in Labor House;

1. Penalty of one million won to be suspended;

1. On December 13, 2009, the defendant and his defense counsel asserted that the defects of the properties of the previous D church in the properties of the G church have been de facto decided on the property of the members of the church, and thus the defendant is not guilty because the defendant did not intend to acquire the intent of embezzlement or unlawful acquisition. Thus, the members of the church who belong to the non-corporate association use the church properties in the form of collective ownership and gain profit from the church properties.

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