(영문) 대구지방법원 서부지원 2014.04.04 2014고단27

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자간(%)

(영문) 대구지방법원 서부지원 2014.04.04 2014고단27

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant has been engaged exclusively in the management of the above clan funds from July 10, 2001 to June 30, 201 as the general secretary of the victim C clan.

Around January 2004, the Defendant was transferred 2 million won of the real estate rent in the name of the said clan office in Seo-gu, Daegu to the account under the name of the Defendant’s management and was used for the said clan for personal purposes, such as living expenses, around that time, at the Daegu KRW 400,000.

From around that time to June 2013, the Defendant consumed a total of KRW 121,391,776 by the same method over a total of 102 occasions, such as the list of crimes in the attached list.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A criminal investigation report (attached to a statement of transactions in and out of accounts submitted by suspects);

1. Documents of the general meeting of clans from 2002 to 2013:

1. Application of Acts and subordinate statutes governing the settlement of accounts in the first half of 2013;

1. The punishment of this case is imposed in light of the relevant legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act that committed the crime of this case for a long time against the trust of the members of the clan, which is the victim of the crime, even though they had been charged with general affairs for a long time on the basis of the trust of the members of the clan, which is the reason for sentencing of the crime of this case. The amount of damage amounts to 120,000 won, not paid up until now, and there was no agreement with the victim. However, the punishment is imposed in view of the fact that the defendant is divided and against the crime, there was no record of punishment in addition to the fine, there was no record of punishment for the defendant, there was no record of criminal punishment for the same crime, and the defendant appears to have led to the crime of this case for living expenses, etc., and other criminal defendant's age,

참조조문

-형법 제355조 제1항

-형법 제356조

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