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(영문) 서울동부지방법원 2017.09.27 2016고단4507
업무상횡령
Text

1. The sentence shall be suspended against the defendant;

2. Of the facts charged in the instant case, “a person on January 28, 2013.”

Reasons

Punishment of the crime

The defendant is the chairperson of the E clan (hereinafter referred to as the "victim clan") who is in charge of managing the funds of the Victim clan.

Although the health insurance premiums imposed on the Defendant from January 1, 201 to September 2013 are irrelevant to the custody of the funds of the said clan, the Defendant embezzled the funds of the said clan by voluntarily consuming the amount of KRW 5,789,480, which was imposed during the said period in Seoul around August 13, 2014, as the health insurance premiums imposed on the Defendant during the said period incurred from the custody of the funds of the clan, and KRW 5,789,480, which was owned by the victim clan, from the said account to the compensation for losses on his/her own health.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a detailed statement of the Saemaul Savings Depository (in case of an investigation record, 1: 266 pages);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (including), and Article 355 of the Criminal Act, the choice of fines for criminal facts;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (attraction of a prison: 100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (a confession and reflect, and a full amount of embezzlement on January 5, 2017 was repaid to the victim clan)

Non-Crime

1. Summary of facts charged

A. On January 28, 2013, the Defendant embezzled KRW 11,000,000 from the account in the name of the Defendant (honF and the Gu number G) in which the funds of the said clan were deposited in his/her business for the purpose of keeping the funds of the victim clans in Seoul and below, to his/her business criminal cases (Seoul East Branch Office No. 47758) as attorney fees for his/her business embezzlement.

B. On March 12, 2013, the Defendant withdrawn KRW 11,200,000 owned by the said clan from the said account at the branch of the Suhyup Bank located in the Seoyang-dong, Gwangjin-gu, Seoul, and then is an attorney’s fee for a criminal case against the violation of the law of the defense of executive officers of the clan (Seoul Central Branch Office No. 2013, No. 48071).

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