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Reasons
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(영문) 서울남부지방법원 2017.02.10 2016고정1913
횡령
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the general duties of C in the written indictment.

On January 12, 2016, the Defendant received a content-certified mail stating that “The money deposited in the name of the seals and family gathering in the custody of the president, among the written sub-writtens in C, from among the documents proving the contents of the sub-writtens in Guro-gu Seoul Metropolitan Government D Apartment 113-202, the Defendant was returned to the family council by January 18, 2016.”

On August 14, 2013, the complainant, who was appointed as the president, was confirmed by the Supreme Court Decision 2015Da5755 Decided the non-existence of the resolution of the clan F of the non-existence of the resolution of the clan general meeting of the clan clan F of the clan clan on the general meeting of the clan clan, and the complainant is qualified as the president in C, and accordingly, the complainant, who was the president of the clan clan, requested the defendant who was the full-time secretary, the head of the clan and the defendant, and the defendant to refund KRW 15,593,523 of the proceeds of the real estate rent of the clan owned by the clan that was deposited in the agricultural G account in the name of the clan and H

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (written request for search and inspection of seizure) - The agricultural produce replys;

1. Application of Supreme Court Decision 2015Da 55755 Decided a clan as to a lawsuit seeking confirmation of the absence of a resolution by the general meeting of clans;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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