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(영문) 서울남부지방법원 2014.08.14 2014고단1195
업무상횡령
Text

Defendant

A Imprisonment with prison labor for six months, for defendant B and C, for eight months, respectively.

Reasons

Punishment of the crime

[Criminal Justice] On April 4, 2013, Defendant A was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court on April 12, 2013, and the judgment was finalized on April 12, 2013. On May 29, 2014, Defendant A was sentenced to one year of imprisonment with prison labor for occupational embezzlement, etc. at Seoul High Court and two years of suspended execution and became final and conclusive on June 6, 2014.

【Criminal Facts】

Defendant

A is working as the chairperson of the G clan from January 1, 2010, and Defendant B is working as the vice-chairperson of the above clan from January 1, 2008, and Defendant C was working as the chairperson of the above clan from January 1, 2008 to December 31, 2009.

1. Defendants A and B, who are co-principals of the Defendants, were willing to embezzled Defendant C and clan funds, the former president while taking overall charge of the clan affairs including the execution of the funds of the said clans.

On March 16, 2010, the Defendants withdrawn KRW 100,000 from the said clan deposit account, Defendant B divided KRW 30,000,000,000, and Defendant C consumed it by personal debt repayment, etc.

Accordingly, the Defendants conspired and embezzled KRW 100,000,000 owned by the same clan, which is the victim of the defendant A or B's business.

2. Around July 23, 2008, Defendant C’s sole criminal defendant paid taxes to be paid by the victims of the clan at the office of the clan No. 209 of the Youngdong-gu, Youngdong-gu, Youngdong-gu, H. 209, and he withdrawn the amount equivalent to KRW 13,866,540 refunded in the name of the Defendant’s father I from the deposit account while he deposited the amount of 13,86,540 to the above clan and then embezzled it by arbitrarily consuming the Defendant’s living expenses, etc. around that time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness J and K;

1. Each prosecutor's protocol of examination of the defendant A and B;

1. A new bank I passbook;

1. Previous convictions in judgment: Criminal history records;

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