(영문) 서울동부지방법원 2016.07.06 2016고정689

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.07.06 2016고정689

업무상횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the chairperson of the D clan (hereafter referred to as "victim's clan" in this Article) who is one of the four clans of the C clans (hereafter referred to as "central clans") and is engaged in the management and disposition of the victim's clans property.

On October 14, 2014, the Defendant deposited KRW 1,500,000 in the central clan office located in Gwangjin-gu Seoul Special Metropolitan City, from the central clan to the account (F) in the name of "Cmpa D clan", and deposited KRW 20,00,000 on October 20, 2014 in the name of subsidies or subsidies for the clans for the clans for the clans of victims and kept them for business purposes. From October 14, 2014 to December 30, 2014, the Defendant spent the total amount deposited in the above account, and consumed KRW 876,510 in several times, such as using it as personal meal expenses.

Accordingly, the defendant embezzled the victim's clan property while on duty.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of the police statement related to G;

1. A copy of each bankbook, details of transactions, file for receipt, and a detailed statement of use;

1. Investigation Report (Adjustment of Details of the deposit and disbursement of D clan funds) / Judgment on the argument that the defendant did not personally consume the funds of the victim clan: The intention of unlawful acquisition in the crime of embezzlement in the crime of occupational embezzlement refers to the intention of disposing of the funds of another person in violation of his/her duties for the purpose of pursuing his/her own interest or a third party, such as his/her own property. If the clan used the funds kept by the representative of the clan, and did not present evidentiary materials about the place of use, and if he/she did not explain reasonable explanation about the place of use, it shall be used for the personal purpose of the clan with the intention of unlawful acquisition.

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