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(영문) 서울중앙지방법원 2015.09.18 2014고단2114
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From April 2001 to December 4, 2012, the Defendant: (a) performed an missionary work at the headquarters of the headquarters of the Korea Federation of Victims Incorporated Foundation (hereinafter referred to as “C Educational Association”); (b) managed the C Educational Association’s account and took charge of accounting affairs, such as deposit and withdrawal.

On December 11, 2008, the Defendant arbitrarily remitted 14,919,000 won to the new bank account (D) in the name of the Defendant while keeping the church operating funds deposited in the account in the name of the Chys Association for business purposes, and the Defendant’s corporate bank N in the name of the Defendant from around that time to March 11, 201 in the embezzlement method No. 3 and No. 5 of the list of crimes in the attached crime list in the attached Table 2C bank account in the name of each of the Defendant, and the total amount of KRW 200,575,000 shall be corrected to KRW 135,575,000, respectively.

As stated in 2 to 18, a total of KRW 135,575,00 was arbitrarily transferred to an account under the name of the accused or embezzled by withdrawing in cash.

Summary of Evidence

1. Statements made by witnesses E and F in the third protocol of the trial;

1. The prosecutor's statement concerning the F;

1. Statement of the police statement of E;

1. Inquiry into the results of comparison and analysis of the details of G Admissions into and out of the Republic of Korea;

1. Application of each new bank, our bank, national bank transaction slips, and national bank transaction details, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The claimant and the defense counsel used the passbook in the name of the defendant and the passbook in the name of the defendant in mixed use. The expenditure of the expenses is in accordance with the order of the upper part, such as H wood, and when the general expenses of a church are needed, the expenses were first withdrawn from the passbook in the name of the defendant and used, and was returned from the passbook in the name of the C

For this reason, as between January 20, 2009 and November 19, 2012, most of the money has been deposited from one’s own personal data unit in the Gu and Maga Association under the name of the Ciplomatic Association.

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