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(영문) 광주지방법원 목포지원 2013.08.23 2013고단672
업무상횡령등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the crime of occupational embezzlement is acquitted.

Reasons

Punishment of the crime

【2013 High Court 202】 The Defendant was in dispute over the general affairs of the D church, and the D church as a member of the D church.

At around 14:00 on October 9, 2012, the Defendant destroyed the entrance knobs by using the drick and net values to verify whether there are important documents of a church in the hynasium managed by E in the hynasium in the above Dynasium.

As a result, the written indictment of the victim Diplomatic Association administered by the defendant is written E as the victim, but the victim of the damage to property is the owner of the relevant property, so the victim of this case is the Diplomatic Association, the owner of the church building.

The loss of the entrance entrance of the owner was damaged by the property equivalent to 30,000 won of the market price.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Receipts:

1. Application of the Acts and subordinate statutes to the damaged entrance and miscellaneous photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. A fine not exceeding 300,000 won to be suspended;

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

1. The non-guilty part of Article 59 (1) of the Criminal Act (the point of occupational embezzlement - the point of 2013 Height672) of the suspended sentence (the point of occupational embezzlement - the point of 2013 Height672) (the degree of damage, the degree of damage is minor, the inside of a bathhouse was not entered as a result of a crime committed in the course of a church dispute, and a certain degree of

1. The Defendant, in this part of the facts charged, has been engaged in the management and accounting of the money of the above church as the general affairs of the victim D church in the case of Faging C from January 1, 2007 to October 5, 2012.

A. On December 10, 2008, the Defendant deposited KRW 5 million, which was dedicated to the money from the Diplomatic Association, into the Agricultural Cooperative passbook in the name of the Diplomatic Association and was in the custody of the victim for business purposes. On December 11, 2008, the Defendant transferred the money to the Agricultural Cooperative under the name of the Defendant’s wife F, and arbitrarily consumed the money.

B. On January 17, 201, the Defendant entered the Republic of Korea from Diplomatic Association as a contribution.

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