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(영문) 청주지방법원 2017.09.19 2017고단1742
업무상횡령
Text

No. 1 of the judgment of the defendant

A. As to the occupational embezzlement, six months of imprisonment and the remainder of the judgment.

Reasons

Punishment of the crime

[criminal records] On September 23, 2009, the defendant was sentenced to a suspended sentence of one year and two months for fraud at the Cheongju District Court, and the judgment became final and conclusive on October 1 of the same year. On April 6, 2010, the same court was sentenced to a suspended sentence of two years for a crime of fraud, and the judgment became final and conclusive on the 14th of the same month.

[Criminal facts]

1. The Defendant related to the injured clan C is a financial director of the victimized clan from around 2009 to the beginning of 2012, who has been managing the damaged clan funds.

A. On May 2009, the Defendant used 50 million won among the amount distributed from D’s clans among the damaged species, which he received from D’s clans, as the expense for the liquidation of the graves of the victimized clans, and used the remaining 40 million won for the purpose of the clans damaged by the clans. At that time, the Defendant arbitrarily consumed and embezzled the amount for the purpose of returning the deposits to the tenants of the studio that was newly constructed in Young-gu, Chungcheongnam-gu. for the purpose of returning the deposits to the tenants of the studio.

B. On January 2010, the Defendant: (a) was kept for business purposes by the Defendant F, the full-time secretary of the clan damaged by the Defendant, for the operation of the clan owned by the Defendant; and (b) was embezzled by arbitrarily consuming the Defendant’s personal debt for the purpose of repaying the Defendant’s personal debt.

2. The Defendant related to the victim D clan is a financial director of the victimized clan from around 2009 to the beginning of 2012, who has been managing the damaged clan funds.

On January 26, 2012, the Defendant: (a) carried a passbook and seal of the agricultural cooperative account with the funds deposited by the damaged clan; and (b) carried out business for the purpose of a clan to damage money deposited in the said account; (c) withdrawn KRW 14 million from the said account on the same day, and embezzled the money arbitrarily consumed as living expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the police statement related to G;

1. Details of savings deposit transactions and copies of bankbooks;

1. Previous convictions: Inquiry of criminal history and investigation reports (Attachment to the relevant case rulings).

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