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(영문) 춘천지방법원 강릉지원 2018.11.08 2017고단1348
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 1348] The Defendant has been operating a clan from January 2012 to December 2016 as the chairperson of the victim D clan, and managed the funds of the victims.

On August 28, 2014, the Defendant: (a) transferred 100 million won from the victim’s account to the agricultural cooperative account under the name of the Defendant, under the pretext of using the victim’s money for the agreement money in civil litigation, at a closed place with the victim’s name; (b) transferred 100 million won from the victim’s account to the agricultural cooperative account under the name of the Defendant; (c) again, received money from the Defendant’s name to the agricultural cooperative account under the name of the Defendant on the 29th of the same month; and (d) embezzled the victim’s property by arbitrarily using the money, such as loans, living expenses, etc. from around that time to August 8, 2016.

[2018 384] The Defendant, as the representative of the victim D clan in Gangnam-si F from October 2004 to July 2017, 2017, had been engaged in the overall operation of the clan and the management of real estate in the name of the victim, etc., who forged the resolution of the general meeting of the above clan, and had the forest owned by the above clan registered in the name of the Defendant and embezzled it.

1. On March 2014, the Defendant: (a) called the auditor, director, G, H, I, J, and K of the said clan general meeting; and (b) made the general secretary L to pay the said expenses.

In addition, under the title of “written resolution” with the head of G, H, I, J, and K’s seal impression, the said five seal seals are secured, and the name of the said clan, the date and time of holding the general meeting, and the place are stated on the agenda of the meeting, and the name of the said clan, the date and time of holding the general meeting, and the name of the said clan and the name of the “written resolution” shall be registered as Gangnam-si F in this case, Gangnam-si, which is the property of this clan.

“Members” shall state the content, and shall agree to all the N.N.’s opinion.

“The” includes the content and registers the forest above in the name of the Defendant in the name of G, H, I, J, and K.

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