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Reasons
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(영문) 서울중앙지방법원 2014.12.11 2014고정2917
업무상횡령
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Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 20, 2003 to July 20, 2010, and from June 24, 2013 to February 12, 2014, the Defendant has served as the president of the branch of the Korea Disabled Veterans Association, the Korea Disabled Veterans Association, the victim of Seoul building C, and has been engaged in the operation and fund execution of the branch of the victim.

On June 1, 2007, the Defendant donated KRW 40 million to E and F for the purchase of vehicles to be used in the victim branch office from E and F at the above D branch office, and used KRW 2 million for the personal purpose in Seoul Si on June 14, 2007.

In addition, from around that time to October 26, 2007, the Defendant consumed the total of KRW 18 million by the same method from the maid area in Seoul Metropolitan City through six times, such as the list of crimes in the annexed crime list.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Each protocol of the police interrogation of the accused (including the substitution of the accused);

1. Statement to the prosecution of I;

1. Each police statement made to J, G and H;

1. Application of Acts and subordinate statutes to a copy of the details of passbook transactions and a copy thereof;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment.

1. The defendant's assertion on Articles 70(1) and 69(2) of the Criminal Act concerning the embezzlement money in the judgment of the defendant was not used for an individual purpose, and the defendant used the amount of piece rates, food, and condolence expenses for the victim.

In full view of each evidence in the judgment, the following circumstances, namely, ① before receiving the donation of KRW 40,000,00,000 as indicated in the judgment, the injured party Diplomatic Association, using the account in the name of the injured party, managed public funds, prevented cash payments and dealt with almost all objective evidence, such as credit cards, in a way that remains.

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