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(영문) 의정부지방법원 고양지원 2014.02.13 2013고단1981
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From July 1, 2012 to June 31, 2013, the Defendant, as a financial officer of “C” of the victim’s non-corporate group located in B from July 1, 2012 to June 31, 2013, managed the funds of the victim’s club, such as collecting membership fees, collecting funds, and paying expenses for various events of the victim club from its members since the beginning of June 2012, when the financial officer of the victim’s club came to receive the funds of the victim’s club from D, and managing the funds of the victim’s club, without transferring the funds of the victim’s club to the financial officer after June 31, 2013, the expiration date as the financial officer of the victim’s club.

around June 13, 2012, the Defendant received 100,000 won in cash from E (F) and G (H) who are members of the victim club for the purpose of the victim club, respectively, for the purpose of the victim club, by receiving 100,000 won in cash for the purpose of supporting the use of the victim club, and used it as meal expenses, the gas station, etc. around that time, and from that time until August 20, 2013, the Defendant used 59,851,50 won in total for 41 times, as shown in the list of crimes in attached Table, from March 15, 2013 to that time.

4. A sum of KRW 5,00,000,000 for four times up to November, shall be deposited into the agricultural bank account of the victim club, and the same year.

5. 15. Kintech event’s food amounting to KRW 800,000 was paid in the Defendant’s money, and thus, the actual amount of damage was KRW 54,051,50. The victim’s club was embezzled for personal purposes, such as meal expenses, gas stations, and Defendant’s operating funds.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the two-time examination protocol and the whole part with I);

1. Statement of the police officer to I;

1. A complaint;

1. Two copies of bankbooks, the details of withdrawals, the details of spendings, the details of advertisements by transfer on or before June 2012, the details of each agricultural bank passbook, each deposit sheet, each written confirmation of deposits without passbooks.

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