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(영문) 대전지방법원 천안지원 2016.10.07 2016고단1408
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2008 to January 201, 2016, was in charge of village transfer in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seoul, and was engaged in the management of the village fund.

1. Occupational embezzlement;

A. A. Around July 19, 2013, the Defendant embezzled, around July 19, 2013, deposited an amount equivalent to KRW 55 million in the Seongdong-gu Seongbuk-gu, Seongbuk-gu, Seodong-gu into the Defendant Agricultural Cooperative (C) account in the name of the Defendant, and withdrawn KRW 1 million in the name of the victim B’s village resident for the purpose of purchasing double-ladry foods, and then wrongfully embezzled KRW 25,680 among them by using KRW 25,680 for personal expenses.

B. On January 12, 2016, the Defendant embezzled, around January 4, 2016, deposited 5.3 million won in the name of the Defendant’s agricultural bank in the name of the Defendant by collecting the proceeds, cooperative funds, etc. from the Seongbuk-gu Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, and deposited into the Defendant’s agricultural bank account in the name of the Defendant, and withdrawn KRW 5.3 million in the name of the working expenses for the transfer of village spawers, and embezzled 4.95 million out of which he/she voluntarily consumed to repay his/her personal debt.

2. As the head of the village in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant in breach of occupational trust, when depositing and managing village funds, earnings, cooperative funds, etc. into the account under the name of the Defendant, the Defendant used the above money for the overall interest of the village residents, and managed the said money to prevent the Defendant from using the said money for his personal interest or from causing losses

Nevertheless, the Defendant violated the above duties, and around January 5, 201, the amount of KRW 10 million deposited in the fixed deposit account (E) in the name of the Defendant from the Seongdong-gu, Seongbuk-gu, Seocheon-gu, Incheon-gu, Seocheon-gu, Seocheon-gu, Incheon-si, and borrowed KRW 10 million from the above Nonghyup Bank from the above Nonghyup Bank to April 30, 2015. In addition, the sum of KRW 54 million is equivalent to the total amount of the community fund as security for four times in total, as shown in the list of crimes in the attached Form.

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