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(영문) 춘천지방법원 속초지원 2015.07.01 2015고단182
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant, from the end of March 2013 to the beginning of February 2015, is a person who was employed as a leader of a victim C fishing village fraternity in the early stage B from the end of February 2015 and was in charge of overall management of the said fishing village fraternity, such as fund management concerning the storage, management and enforcement of operating expenses of the fishing village fraternity

1. The Defendant committed the crime of operating expenses of fishing village fraternities: (a) transferred KRW 36,501,945 from the head of the former C fishing village fraternity in the office of the C fishing village fraternity located at the Seocho-si at the end of March 2013, and used the amount equivalent to KRW 23,000,000 among them for personal purposes, such as expenses for personal life, etc. around that time, while keeping the operating expenses for fishing village fraternities for the victim.

Accordingly, the defendant embezzled the victim's property.

2. On April 15, 2013, the Defendant: (a) deposited 100,000 won, which was part of the management expenses that was received under the name of the victim C fishing village fraternity’s management expenses from the stores located in the G fishing village fraternity’s active fishing center in the business for the victim; and (b) spent personal expenses, such as the repayment of personal debts, etc. at that time; and (c) spent 30 times in total from that time to April 25, 2014, as described in the attached Table 1, the Defendant deposited 19,890,000 won, which was received under the name of the Defendant’s name, from the stores located in the G fishing village fraternity’s active fishing center as above, into the fisheries cooperative account in the name of the Defendant; and (d) spent at that time.

Accordingly, the defendant embezzled the victim's property.

3. The Defendant committed a crime against the money deposited in the exclusive account of fishing village fraternities as above and deposited in the said account at a 1,880,000 won in cash deposited in the said account at a non-permanent place around February 27, 2014 while operating the fishing village fraternity in charge of the money deposited in the account for the victim’s business.

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