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(영문) 부산지방법원 2013.07.08 2013고정2453
업무상횡령
Text

The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the tea business, and the defendant is the president from the beginning of 2007 to June 23, 2012, who is an incorporated association, before the Busan Branch of the C Association). D is the president of the C Association.

The president of the Association has the duty to manage and enforce the public funds of the Association in a proper manner;

A. On July 8, 2011, the Busan Jin-gu Association (CF) has expired, and if the C Association withdraws a total of KRW 6,110,457 won of the refund money due to the maturity of the vehicle purchase passbook, which is the public fund passbook of the Association, it should be appropriately executed with public funds such as re-deposit into the Association passbook. However, the Association used KRW 5,500,000 at the expense of the Association, and embezzled KRW 610,457 for personal consumption around that time.

B. On July 15, 201, at the same place as the above “A”, where the purchase association passbook (BFG G), which is the public fund passbook of the Association, had been due to maturity and withdrawn a total of KRW 72,153,204, the amount of KRW 14,280,000, which is the consolation money of the executives of the Association, should be executed as a public fund, such as re-transfer to the Association passbook. However, the association’s consolation money should be executed as 14,280,000, and then used 50,000,000 under the name of the deposit money for the entire business office of the Association, and then embezzled 7,873,204, which is the difference, by personal discretionary consumption

Summary of Evidence

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Police suspect interrogation protocol of the accused;

1. The prosecutor's statement concerning H;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. A fine of two million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. The suspended sentence is deemed to be used as the cost of litigation instituted in relation to the status of president of the Association under Article 59(1) of the Criminal Act.

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