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(영문) 광주지방법원 2017.02.08 2016고단3264
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who served as the general secretary of the victim D's clan located in C in the previous city from around December 2, 2013 to December 2015.

1. On January 2, 2014, the Defendant: (a) withdrawn one million won from the account in the name of the said clan by using a cash card issued in advance at the location of the agricultural branch located in Gwangju Nam-gu, Nam-gu, Gwangju-gu, Gwangju-gu, and embezzled KRW 22,568,521 out of the sum of the cash withdrawal 22,568,521 out of the sum of the cash withdrawal 10,00 in personal usage, from around that time to April 23, 2015.

2. On April 3, 2014, the Defendant used subsidies of KRW 10,000,000, which was sent from the fatherology of the above victim to the above victim D clan for his/her business purposes and embezzled for personal purposes at a place where it cannot be known around that time.

Accordingly, the defendant, as a general secretary of the victim's clan, embezzled total of KRW 32,568,521 while he kept the victim's property for his business purposes.

Summary of Evidence

1. The legal statement of the defendant E in part of the defendant;

1. The protocol for interrogation of the suspect by the prosecution against the defendant or F (including the part concerning the E statement);

1. Report on investigation into the police statement report of E (the amount of embezzlement of suspect A);

1. The accusation, clan rules, written confirmation of transaction details, application form for transaction of passbooks, cash receipt and disbursement register, arranged clan cash receipt and disbursement register, statement of transaction of self-reliance deposits, extraordinary general meeting minutes, and the application of statutes of each book;

1. As to the amount of money equivalent to KRW 3,927,480 borne by the Defendant for a clan from June 22, 2015 to November 24, 2015, comprehensively including the pertinent legal provisions and the choice of punishment for the crime, intent to acquire unlawful profits.

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