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(영문) 청주지방법원 2018.12.21 2018고단1702
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On December 15, 2016, the Defendant: (a) as a general secretary of the Victim C’s clan; (b) obtained KRW 20,726,58 from D, the full-time general secretary of the victim’s transfer to the Agricultural Cooperative account (Account Number: E) in the name of the Defendant; (c) withdrawn KRW 15,00,000 from the “NH Nonghyup Bank” located in the center of 236, 200,000 on January 4, 2017; and (d) arbitrarily used KRW 13,60,000 for the clan’s events expenses; and (e) arbitrarily used the remainder of KRW 13,00,000 for the Defendant’s non-motor vehicle research expenses, etc. for five times from that time to December 21, 2017; and (e) embezzled at will using the total amount of KRW 14,530,800,000 owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to detailed statements of deposit transactions and copies of each transaction;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment, and imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no same kind of force and the fact that it is against the other person);

1. The community service order under Article 62-2 of the Criminal Act;

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