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(영문) 울산지방법원 2017.06.14 2016고단4561
업무상횡령
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was on December 10, 2006, who was in the victim D church located in Ulsan-gu, Ulsan-gu, and was in charge of the management and disbursement of money with the recording of the above D church and the director of finance division from around July 12, 2012 to around July 12, 2015.

The defendant, on June 18, 2013, managed by the above D church as a special account from the above D church around June 18, 2013, is equal to KRW 25 million for the unconstitutionality of the D church owned by the above D church.

7.3. Around July 3, 2011, a sum of KRW 60 million, including KRW 35 million, was transferred from the office F of the above church to the Agricultural Cooperative account (G) account in the name of the Defendant for the victim, and invested KRW 23.5 million in the futures option by transferring KRW 1.5 million, from the place in Ulsan City to the securities account in the name of the Defendant on June 18, 2013, to the securities account in the name of the Defendant. Around July 3, 2013, a sum of KRW 35 million,00,000,000 in total, invested in the said futures option, and consumed KRW 60,000,000 in total, as the Defendant’s wife’s daily expenses.

As a result, the defendant embezzled the property of the victim who was under custody in the course of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police against H, I, J, or H;

1. Each police statement made against K, L, or M;

1. An investigation report (verification of the relevant account);

1. Application of Acts and subordinate statutes, such as data on sources of using useful gold (the details, etc. of account transactions), data on the position of the accused author, investigation reports (up to the submission of transaction details), and account transaction details;

1. Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant made an investment in a position in which the Defendant manages public funds and made an investment in danger with public funds, and when this problem arises, the Defendant presented a false account and vindicateed it, and that the amount of embezzlement is not small.

However, the defendant has been led to confession and depth in this court.

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