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(영문) 광주지방법원 해남지원 2016.04.07 2016고단16
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the defendant's head of the C Village Lee Dong-gun located in 2014, and the victim D is the person elected as the head of C Village Lee on February 15, 2015.

On January 3, 2015, the Defendant refused to return the above village official seal, village passbook, and village seal from the financial E, after obtaining the village official seal, village passbook, and village seal from the financial E in the remaining Gun of Do around January 3, 2015, on February 20, 2015, while the Defendant kept it for business purposes, at the Defendant’s residence located in the GunF of Gun F, on February 20, 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the defendant's statement D or B in the suspect interrogation protocol against the defendant

1. Each police statement made in relation to D, E, and G;

1. Each certification of H, I, J, and K;

1. A certificate of details;

1. The application of Acts and subordinate statutes, including the replys requested for cooperation in investigation (Seeking opinions), the replys requested for cooperation in investigation affairs, and the materials attached thereto;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70 (1) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act;

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