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(영문) 서울동부지방법원 2014.04.02 2013고단3430
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 2, 2012, the Defendant, as the president of the Victim B Association and the president of the Busan East Family Association, engaged in managing the membership fees, etc. of the said club.

On December 27, 2012, the Defendant received KRW 18,773,638 from the Chairperson C of the previous year to the City Bank Account (D) account in the name of the Defendant, and received total of KRW 18,773,638 on four occasions until April 2, 2013, and kept for the said club for business purposes. On December 27, 2012, the Defendant embezzled KRW 730,00 from the Defendant’s house of Songpa-gu Seoul E-gu, Seoul E-building 105, 1902 to the City Bank Account (G) account in the name of the Bank in the name of the Defendant, and embezzled KRW 18,73,7638 by arbitrarily consuming the membership fees for four times in the same manner as the attached list of crimes until April 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the decision of a suspended sentence) [the decision of the recommended area] The basic area of embezzlement and breach of trust below KRW 100 million [the decision of the recommended area] [the decision of the recommended area] four months to one year and four months [the decision of the sentence] defendant reflects the defendant, the repayment of KRW 6 million to the defendant, and there are no criminal records of the same kind of criminal records or suspended execution.

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