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(영문) 서울북부지방법원 2018.11.09 2018고정1435
업무상횡령
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From May 2008 to April 2016, the Defendant served as the president of the Senior Citizens Association in Seoul Special Metropolitan City, Nowon-gu, and was engaged in the duties such as operation of the Senior Citizens Association.

1. From March 6, 2013 to March 25, 2016, the Defendant’s occupational embezzlement: (a) deposited in a bank account (E) in the name of the senior citizens’ center in Seoul Special Metropolitan City, Nowon-gu; (b) deposited in a bank account in the name of the senior citizens’ center; and (c) voluntarily withdrawn and used an additional KRW 100,000 from that time to March 25, 2016, as indicated in the list of crimes in the attached Table; and (d) withdrawn and used a total of KRW 290,000,000,000 in total, from March 29, 2016 to March 25, 2016.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. On November 19, 2012, the Defendant: (a) on November 19, 2012, when he/she leased part of the center for older persons at the D Bank Nowon-gu branch in Seoul Special Metropolitan City, and received KRW 300,000 from F,00,000,000 from the Plaintiff for the foregoing senior citizens meeting, the Defendant used the above lease deposit to the D bank account in the name of the B center for older persons; (b) without depositing it into the D bank account in the name of the B center for older persons; and (c) arbitrarily deposited it into the D bank account in the name of the Defendant.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. A copy of the bankbook (the account embezzled by the person under consideration), and a certificate of deposit transaction (D bank);

1. A copy of the head of the Tong (a passbook in which the recipient deposits the deposit money for the Baduk classroom), a copy of the head of the passbook (a new passbook opened in his/her own name on November 19, 2012) (a copy of the application for cancellation on March 25, 2016) and a copy of the head of the passbook (a copy of the passbook received on March 25, 2016) (a copy of the deposit money for the Baduk classroom) and the amount received on March 25, 2016.

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