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(영문) 청주지방법원 2018.01.25 2016고단724
업무상횡령등
Text

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

Reasons

Punishment of the crime

From April 21, 2013, the Defendant is working as the chairperson of the Victim C clan from around 2013 to April 21, 2013 (hereinafter referred to as “victim C clan”), and is a person in charge of managing the clans, promoting the business, and managing the clans.

On April 21, 2013, the defendant was appointed as the chairperson at the special meeting of the victim clan and received the passbook from the victim clan and had him take overall charge of the business of keeping the victim clan funds and the expenses of the clan, so there was a duty to disburse the victim's property as prescribed by the articles of association, etc. for the victim's clan.

1. Occupational breach of trust;

A. The Defendant written the written indictment in around August 12, 2013 as “ around July 23, 2013,” but it appears to be a clerical error.

At the same time, 3.5 million won was disbursed in terms of the expenses for restoration of the site for the E cemetery site in the family of the victim's clan in the voice group D of the Chungcheongbuk-gun around that time.

However, the victims of a clan are divided into three types of clans (8 branches of the clans), and the defendants were belonging to E, and they did not go through a resolution of the general meeting of the victims to subsidize expenses incurred in restoring the above cemetery site, and the defendants did not arbitrarily subsidize the construction expenses from the victims' clans to the above E.

Accordingly, the defendant acquired property benefits equivalent to 3.5 million won of the construction cost in the above E and suffered damages equivalent to the same amount as the victim clan.

B. On October 7, 2010, the Defendant paid 12,346,360 won to the E members of the Victim’s clan with compensation for the land owned by F among the three species of the Victim’s clans in the name of F, and when 12,346,360 won of compensation to be paid to the E members of the Victim’s clan was erroneously paid to H members of the Victim’s clan, the Defendant arbitrarily remitted 10 million won to the E members of the Victim’s clan to compensate for this.

Accordingly, the defendant is entitled to land compensation in the above E.

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