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(영문) 대전지방법원 2018.11.22 2018고단2416
업무상횡령
Text

[Defendant A] The defendant shall be punished by imprisonment for two years.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B As the chairperson of the victim I clan, the general secretary of the above clan, the defendant C, the auditor of the above clan, and the defendant A, who was delegated by the above clan to the K K-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

Defendant

A around August 12, 2016, at the attorney-at-law office in Seo-gu, Daejeon, Seo-gu, Daejeon, received a total of KRW 300 million ( KRW 90 million, KRW 210 million, KRW 200 million, KRW 90 million, KRW 90,000,000, KRW 900,000,00 in cash) from L at the site of the K-at-law office in Seo-gu, Daejeon, and the Defendants used KRW 210,000,000 in cash for the victims’ clans clan, and the Defendants used KRW 20,000,000 in cash from the Defendant A at around that time, as daily living expenses, and Defendant C used KRW 30,000,000,000 in cash and KRW 16,000 in cash at his own discretion.

Accordingly, the defendants embezzled the victim's clan property.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of examination of the suspect of each prosecution against C, B, or A;

1. Each police statement made against N or L;

1. Copies of L bankbooks, compensation agreements, rules, and general meeting minutes;

1. Investigation report (O telephone communications);

1. Application of the statutes on a copy of the bankbook;

1. The Defendants: Articles 356, 355 (1) and 30 of the Criminal Act (the occupational embezzlement and imprisonment) of the same Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A and C of community service order: The reason for aggravation of sentencing under Article 62-2 of the Criminal Act: Defendant A seems to require serious reflection by a crime abusing trust relationship.

The grounds for mitigation: Defendants.

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