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(영문) 서울중앙지방법원 2017.09.14 2016고단4990
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2014, the Defendant was sentenced to a suspended sentence of ten months for the crime of embezzlement at the Seoul Central District Court on October 1, 2015, and the judgment became final and conclusive on March 12, 2015. On May 2, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment in August 2, 2014 and the judgment became final and conclusive on October 15, 2014.

On October 31, 2008, the Defendant (hereinafter “C”) was a member of C (hereinafter “C”), and was appointed from the general secretary of C around 31, 2008 to be the chief secretary of C, who was engaged in the management of E’s property.

On June 5, 2009, the Defendant concluded a contract to sell H and E, the inspection of the victim C, at a law firm G office located in the fiveth floor of the F building in Busan Metropolitan Government, with H and the victim C, for 300 million won.

The Defendant received KRW 10 million from the above H as the purchase price in cash, around April 24, 2009, and transferred KRW 240 million to the Defendant’s financial account in the name of the Defendant’s I (number: J). Around July 30, 2009, the Defendant received KRW 50 million in KRW 10 million in the face of the check.

While the Defendant kept the above KRW 300 million for the victim on duty, the Defendant arbitrarily consumed the total sum of KRW 275 million from the list of crimes in the attached Table until July 30, 2009, from that time, K, which was the president of K at the time, arbitrarily delivered the total amount of KRW 150 million to be used for the whole apartment rent fund.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of the recording of L by a witness in the third public trial protocol, contents of the recording of the witness M in the fourth public trial protocol, and contents of the recording of the witness H in the fifth public trial protocol;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the substitution of theL);

1. A copy of each letter of certification, a copy of the C officer’s minutes, and E sales proceeds;

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