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(영문) 광주지방법원 2018.12.06 2018고정1131
업무상횡령
Text

[Defendant A] Defendant A shall be punished by a fine of two million won.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the general secretary of the victim D clan since 2011, Defendant B was a person who served as the chairperson of the above clan since 2014, and the defendants were engaged in the duties of keeping and executing the property of the clan.

around November 17, 2013, Defendant A insulting E in Ildong-gu, Gwangju, and was subject to a criminal prosecution around April 20, 2014. On October 1, 2016, the Defendants conspired to incur the expenses related to the above issue with the clan money managed by Defendant A, as Defendant A was subject to a criminal prosecution around November 29, 2016, by damaging H’s honor at the G conference room located in Gwangju Northern-gu F. around October 1, 2016.

From April 3, 2014 to August 23, 2017, the Defendants embezzled KRW 9,852,140,00 in total eight times from April 3, 2014 to August 23, 2017, by arbitrarily using the money of the said clan as indicated in the list of crimes, for personal purposes, KRW 3.55,50,00 for attorney-at-law’s fees related to the said criminal case for Defendant A’s money.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. A criminal investigation report (the calculation of the amount of money allocated and the analysis of data);

1. A letter of transfer of each case (documents received through public perusal);

1. Each judgment;

1. Application of the letter of resolution on expenditure (related to expenditure in 2017) and the letter of resolution on expenditure (related to expenditure in 2014);

1. Relevant Articles 356, 355(1), and 30 of the Criminal Act, and the Defendants’ choice of punishment regarding criminal facts: Determination of fines

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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