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(영문) 의정부지방법원 2017.10.25 2017고단3284
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has served as the chairperson of the injured clan C (hereinafter referred to as “victim clan”) from March 2013 to January 2015, and has been in charge of managing the funds of the victimized clan.

The Defendant, when the Defendant was detained on suspicion that D’s clans of the damaged clans were embezzled public funds of the F in Yang-si, which is the Egrative village around March 2013, the Defendant transferred KRW 70 million of the damaged clans to the Senior Citizens Association under the conditions that it would be returned at the time of the closure of the criminal trial on July 30, 2013, by deeming that D would have repaid the amount of embezzlement to those organizations, together with the Senior Citizens Association, etc. of community residents, the Defendant would help the Defendant receive the Defendant’s wife in the criminal trial.

Accordingly, on August 1, 2013, the Defendant returned KRW 10 million from the president of the above Senior Citizens Association, and was in the custody of the damaged clans for business purposes, and thereafter embezzled by arbitrarily using it as the Defendant’s business reserve fund of H around that time. From that time, up to April 14, 2014, the Defendant arbitrarily used and embezzled KRW 70,000,000 for four times, such as the list of crimes in the attached Form.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made to I in the police statement protocol;

1. Application of each statute stated in the receipt, loan certificate, payment note, deposit certificate without passbook, and copy of the passbook; and

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of applicable sentences under the law] [the grounds for sentencing] 15 years or less of imprisonment [the (including the total sum of profit amounts] (the scope of recommended punishment] among the groups of embezzlement and breach of trust crimes / [the scope of recommended punishment] basic area: From April to April, 1 year and 4 months [the general sentencing person] aggravated element: In the case of embezzlement [the sentence] the amount of the embezzlement of this case in June] is either KRW 70 million or KRW 15 million, and the repayment of KRW 15 million.

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