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(영문) 전주지방법원 2017.10.12 2017고단130
업무상횡령
Text

[Defendant A] Imprisonment with prison labor for six months

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

Reasons

Punishment of the crime

1. On February 4, 2016, Defendant A was sentenced to a suspended sentence of one year of imprisonment with prison labor for special bodily injury at the Jeonju District Court, and the judgment became final and conclusive on February 12, 2016.

On February 2, 2013, the Defendant is in office as the representative of a non-corporate partnership, a non-corporate body, the object of which is real estate business, lease business, etc. located in the YU-gu Seoul Special Metropolitan City (Itel-gu, Busan Special Metropolitan City).

The Defendant, as the representative of the victim J union, did not go through legitimate procedures such as the resolution of the board of directors while keeping the funds of the victim in the course of business, withdrawn KRW 3 million from the victim’s account on February 5, 2014, withdrawn KRW 17 million from the victim’s account on February 6, 2014, and embezzled KRW 20 million by arbitrarily consuming it.

2. Defendants B and C are financial directors of the victim JJ from February 2013, and Defendant C are serving as auditors of the victim JJ union from February 2013.

As stated in the above 1. The Defendants were aware of the fact that A arbitrarily withdraws the funds of the victim, and were able to recover the funds of the victim to each party, and were in custody of the funds of the victim in the course of business by taking a passbook, etc. connected to the victim’s account, and then withdrawn KRW 20 million from the victim’s account on March 19, 2014, and consumed at will by dividing KRW 10 million.

Accordingly, the Defendants conspired and embezzled the victim's funds of KRW 20 million.

Summary of Evidence

[Judgment No. 1]

1. Each legal statement of the witness H, B, and C in each part;

1. Some statements made to the defendant A in the protocol of interrogation of the suspect;

1. Details of account of J Union;

1. Investigation report (Attachment of Articles of Incorporation of J union);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, and a criminal investigation report (Attachment of recent criminal case judgment A by a suspect);

1. The legal statement of the witness H and A in part;

1. A protocol concerning the examination of the suspect of the defendant B or C by the prosecution;

1. Statement of the police statement to K 1.

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