(영문) 수원지방법원 안산지원 2016.06.02 2016고단891

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2016.06.02 2016고단891

횡령

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From August 14, 2010 to August 13, 2013, the Defendant is a person who was in office as a general secretary of the victim D's clan (hereinafter referred to as "victim's clan") and was in custody of the financial-related books, etc. for the victim's clan for the clan.

During the victim's species, the Chairperson was the Chairperson;

On May 25, 2013, E: (a) died on May 25, 2013, F performed the duties of president; (b) on August 14, 2013, on August 18, 2013, when the term of office of the executive officers of the victim clan expired, the victim clan was held to revise the victim clan regulations by holding an extraordinary general meeting of the victim clan, and (c) decided to appoint G as president, H as vice president, and I as general secretary.

On August 26, 2015, F filed a lawsuit against the victim's clan to confirm the non-existence of the resolution of the general meeting of the clan and lost on May 15, 2014. On August 26, 2015, the court, including Daejeon, issued a judgment dismissing the remainder after confirming that only "the amendment of the regulations of the clan and the resolution to appoint a director from among the resolution of the general meeting of August 18, 2013," was null and void. The above judgment was finalized by the Supreme Court on December 23, 2015.

After that, on November 22, 2015, the victims of the clans held a general meeting of shareholders on November 22, 2015 and passed a resolution on the appointment of nine persons, including the president G, vice president H, I general secretary I, KK, and the pregnant L.

After that, on January 15, 2016, the Defendant, at the Defendant’s residence of M An apartment 101 Dong 1208, Dong 1208, in the light of the game, was embezzled by refusing to return without justifiable grounds despite having received a certificate of the content that the Defendant was not the Defendant’s general duties of the victim’s clan from August 18, 2013, even though he was aware that the Defendant was not the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. The complainant, the Supreme Court's decision (2015Da 55755), the content certificate, and the postal service registration receipt; and

유사 판례

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-수원지방법원 여주지원 2018.04.11 2017가합5593

-대전지방법원 2018.11.27 2017나113165

-수원지방법원 2015.10.30 2014가합71654