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(영문) 대구지방법원 2017.08.25 2017고정1138
업무상횡령
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From November 200 to December 16, 2013, the Defendant had been in charge of performing duties such as managing accounts for the management of the store management funds of the victimized association while working as a secretary at the Daegu North-gu Partnership B Complex B, Daegu-gu, as the secretariat.

1. Around July 5, 2011, the Defendant: (a) withdrawn KRW 238,167,896 of the dividends of a cooperative in 201 in accordance with the letter of resolution on expenditure at the office of the said C Cooperatives; (b) paid KRW 236,294,620 as dividends to its members; and (c) spent the remainder of KRW 1,873,276 as dividends to its members; and (d) arbitrarily consumed the remainder of KRW 1,873,276 for personal purposes, such as living expenses, at the place of the business for the said

2. Around July 10, 2012, the Defendant: (a) withdrawn KRW 349,916,542 of partnership dividends in the year 2012 from the office of the above C Cooperatives in accordance with the letter of resolution on expenditure at around July 10, 2012; (b) paid KRW 344,917,217 as dividends to union members; and (c) paid the remainder of KRW 4,99,325 as dividends to union members; and (d) arbitrarily consumed the remainder of KRW 4,99,325 for personal purposes, such as living expenses

3. Around April 15, 2013, the Defendant: (a) withdrawn KRW 828,506,384 of union dividends in 2013 from the office of the above C Cooperatives in accordance with the letter of a resolution of expenditure on April 15, 2013; and (b) paid KRW 823,914,88 as dividends to union members; and (c) paid the remainder of KRW 5,791,496 as dividends to union members; and (d) arbitrarily consumed the remainder of KRW 5,791,496 for personal purposes, such as living expenses

Accordingly, the Defendant embezzled the total amount of KRW 12,664,097, which was in the custody of the company for the purpose of the damaged association three times as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (Korean legal representative) (one time);

1. The details of dividends in 2011, the written resolution on expenditure of the accounts for rent in 2011, and the details of transactions on the network of forward exchange (2011);

1. Details of dividends in 2012, a resolution on disbursement of the rental account in 2012, a deposit certificate of passbook without passbook, etc. (year 2012);

1. The details of dividends in 2013 and the resolution for the disbursement of the rent accounts in 2013;

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