(영문) 대구지방법원 안동지원 2018.11.09 2017고단885

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자간(%)

(영문) 대구지방법원 안동지원 2018.11.09 2017고단885

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant has been working as the head of finance division at the victim C church located in Ansan-si from January 2, 2003 to May 22, 2016 and has been engaged in the management of church funds and the execution of funds.

The Defendant, at around January 1, 2007, received KRW 1,318,00 from the believerss of the church and kept in custody for the victim church at around that time, and embezzled a total of KRW 98,076,82 by arbitrarily consuming a total of KRW 184 times from the above day to May 9, 2016, as shown in the list of crimes in the annexed sheet of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A protocol concerning the examination of the accused by the prosecution (including the parts concerning D confrontations);

1. Details of deposit transactions, details of each account, ledger of accounts of each church (from 2007 to 2010), accounting books of each church (from 2010 to 2016), register of revenues from the Constitution ( from 2010 to 2016), register of revenues from the Constitution (from 2013), list of church and finance division, etc., and application of Acts and subordinate statutes on title-based minutes;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. It is true that the defendant does not deposit part of the contribution received from the members of the victim church, as stated in the facts charged, into the church management account and uses it by cash withdrawal or account transfer.

However, the defendant temporarily used the money and later repaid the money in full, and in the event that the funds of the victim church are insufficient, the defendant's individual money was appropriated for it. In light of these circumstances, the defendant did not have an intent to acquire illegal money.

2. Determination

A. The relevant legal doctrine is in embezzlement.

참조조문

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