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(영문) 대전지방법원 2013.10.10 2013고정189
업무상횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, from March 25, 2010 to March 24, 2011, is the head of a cooperative located in Seo-gu Daejeon, Seo-gu, Daejeon, taking overall charge of the management of funds, etc. of the cooperative, and was elected by E at a general meeting of the cooperative members on April 15, 2011, but did not recognize it as the head of the cooperative and was actually in fact in the name of the head of the cooperative until July 17, 201, and was executing funds while managing the account in the name of the cooperative.

1. On April 25, 2011, the Defendant embezzled KRW 15,198,141, deposited in the National Bank Account (G) in the name of the Defendant with respect to the provisional seizure of claims between the creditor of Daejeon District Court 2009Kadan7490, Daejeon District Court, and the debtor F, KRW 4,035,90,00, and KRW 5,056,828, which is the aggregate of the costs of the Defendant’s private lawsuit owned by the Defendant’s personal card use payment, and embezzled KRW 9,092,728, which is the sum of the amount of KRW 15,198,141, which the said F deposited in the Defendant’s account under the name of the Defendant.

The remaining 5,921,856 won was used for the partnership by using the commercial electricity tax to be paid by the partnership, as it is true that K has paid the commercial electricity tax to be paid by the partnership.

2. On August 26, 2010, the Defendant used the money of KRW 6.1 million owned by the Defendant for the partnership in relation to the lawsuit of the said association with I, the president of the said commercial association, and then embezzled the money of KRW 9.1 million owned by the said association by voluntarily consuming the money of KRW 3 million, which is the difference, to bring about KRW 9.1 million to the association.

3. On March 24, 2011, the term of office of the head of the partnership expired, and on April 15, 2011, the general meeting of the members of the partnership elected E as a new head of the partnership. As such, the Defendant did not have any authority to use the funds of the partnership, and the Defendant actually manages the funds of the partnership, such as the head of the Tong managing the funds of the partnership. On April 22, 2011, the Defendant’s wife H, against the Daejeon District Court 201Kahap491, the suspension of execution of duties, such as the representative, etc

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