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(영문) 춘천지방법원 속초지원 2016.02.03 2012고정71
횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the agricultural partnership B, and C is a person who was an auditor of the above agricultural partnership.

When the expenses for the operation of the above farming association corporation and various lawsuits are required, the defendant raised the scholarship fund created for the residents of the D community to receive the money as security.

On May 20, 201, the Defendant, in collusion with C, embezzled by means of lending KRW 17 million to a local regular deposit passbook with the local scholarship fund of KRW 30,000,000, which was kept in his/her own name, for the residents of the victim D, at the F Cooperatives located in Young-si, Si, Si, Si, Ma.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of G, C and H;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Statement made by the police in G (including attached documents, such as the rules on management of local scholarship funds in J's homeland);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 355(1) and 30 of the Criminal Act and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The scholarship fund used by the defendant is not owned by the D Village but owned by the B agricultural partnership that the defendant serves as the representative, and thus, is not established for embezzlement.

B. The defendant used the above scholarship fund for the lawsuit of the incorporated farming association and repaid it, so there was no intention of unlawful acquisition.

(c)

In light of the above circumstances, the defendant's act is a justifiable act under the Criminal Act.

2. Determination

A. First of all, the ownership relationship and the intention of unlawful acquisition of the scholarship fund are as follows: (a) according to the health stand and the evidence of the judgment, with respect to the ownership relationship at the time of the first creation of the scholarship fund, the village conference consisting of village residents residing in K at the Seocho-si, Young-si (hereinafter “J Village Association”).

D'D's "the same as D') is selected as L-sports excellent village from the Seocho-si of December 2003 and is engaged in L-sports.

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