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(영문) 서울동부지방법원 2013.05.22 2012고단1552
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant, from June 22, 2008 to April 10, 201, worked as the head of the party branch in charge of the overall church affairs, such as church finance, personnel affairs, and administration, while serving as the member of the victim Diplomatic Association located in Songpa-gu Seoul Metropolitan Council.

The Defendant, around September 2008, carried out a business worship at the (ju)G office operated by F in Songpa-gu Seoul, Songpa-gu, Seoul, while carrying out business activities, did not deposit the amount of KRW 500,000,000,000,000,000,000 won, which was contributed by F for the victim, into the church finance division, and consumed it for

The Defendant received a total of KRW 78,920,00 from the members of the church over a total of 55 times, as indicated in the annexed crime list, and deposited the total of KRW 78,920,00 in the church finance book, and then arbitrarily consumed it for personal purposes, such as the U.S. travel expenses, without obtaining approval for expenditure.

Accordingly, the Defendant embezzled the donation owned by the victim Diplomatic Association.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses H, I, J, K, L, M, N,O, and P in the third protocol of trial;

1. Some statements made by the prosecution against the accused in the suspect examination protocol (including the whole part of F, Q andO);

1. Partial statement of each police interrogation protocol against the accused (including the parts of the F, R,O, and L respectively);

1. Part of the police statements made to F andO;

1. Each statement of H, I, J, L, K, S, and M;

1. Application of Acts and subordinate statutes on recording books and donation receipts;

1. Articles 356 and 355 (1) of the Criminal Act by universal title to the relevant criminal facts;

1. Grounds for conviction and sentencing under Article 62 (1) of the Criminal Act;

1. Reasons for conviction;

A. (1) The amount of embezzlement recorded in the facts constituting the crime of this case (hereinafter, referring to the money of this case) shall not be the donation for the money church that each Hundrists received from the Defendant, who was the Hundrists, and delivered for personal use to the Defendant.

(ii).

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