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(영문) 창원지방법원 2015.10.22 2015고단1386
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

The Defendant, from around February 2005, was appointed as the president of the D Federation, E Federation from around February 2010, and the G branches of the F Federation from around February 2012, and was engaged in overall tasks of controlling the overall operation of each merchant’s association, such as finance.

1. Embezzlements of H-related development funds;

A. A. On February 2012, the Defendant, at the vicinity of the Changwon-si, was trying to enter into a mutual agreement between the JJ and the said three merchants’ associations in order to enter into a mutual agreement with the neighboring three traditional markets in the course of moving into the H branches. In order to enter into the mutual agreement with each of the merchants’ associations in the KK market, L market, and M market, which is a traditional market, (i) the Defendant participated in the said negotiation in the capacity of the president of the EM and (ii) the said three merchants’ associations to pay KRW 950 million in the name of the development fund.

On May 15, 2012, the Defendant transferred 950 million won to the Gyeongnam Bank account (Account Number:O) opened in the name of the Association of Victims established in the name of the said three merchants' associations from the J of the said three merchants' associations from May 15, 2012, and distributed the said money to the Chairperson of the said three merchants' associations, and then paid 45 million won from the Chairperson of the said three merchants' associations in the name of the victim development fund and then remitted 10 million won to the account (Account Number: P) opened in the name of the Defendant for the purpose of personal use, such as living expenses, etc., from the original branch around that time.

6. Until November 1, 200, a total of KRW 44,990,000 was arbitrarily consumed for personal purposes by the same method five times in total, as shown in the annexed List of Crimes (1).

Ultimately, the Defendant embezzled 44,900,000 won of the development fund kept on duty for the victim as above.

B. In around March 2012, the Defendant entered into a mutually beneficial agreement with three traditional markets merchants’ associations as seen above in the vicinity of the Yongsan-si, Yongsan-si, Changwon-si, and in addition to the conclusion of the said mutually beneficial agreement with the said three traditional markets’ associations.

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