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(영문) 전주지방법원 2017.09.21 2017고합15
특정경제범죄가중처벌등에관한법률위반(횡령)방조
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A victim C cooperative (hereinafter referred to as “victim C cooperative”) is a cooperative established in North Jeju-gun D before May 6, 1986, and the Defendant is a person who served as the president of the victim’s cooperative from October 1, 2007 to June 30, 2016, assisting the president to purchase and sell pesticides, manage the purchase and sale of sales proceeds, administer personnel and personnel management, business affairs, etc.; and E is a person who served as the president of the victim’s cooperative from March 1, 2012 to February 1, 2016.

E, at the victim cooperative office around September 12, 2012, at the victim cooperative office, collected pesticide proceeds sold by the victim cooperative to its members and used them for business purposes, the Defendant instructed the victim to transfer KRW 80,000,000 to the passbook (Account Number G) in the victim bank account in the name of the victim cooperative, and used them for debt repayment and overseas investment, etc. from that time to May 27, 2015, and used them at his/her own discretion by ordering the victim to transfer the sum of KRW 1,37,002,00 over 21 times in total, such as the statement Nos. 1 through 10, 12, and 22.

With knowledge of the fact that the above E embezzleds the sales proceeds of agrochemicals as above, the Defendant: (a) instructed the accounting officer in charge of the victim’s cooperative from September 12, 2012 to May 27, 2015 to transfer the money directed by E in the passbook (Account Number G), etc. in the name of the victim bank in the name of the victim’s cooperative from September 12, 2012; and (b) facilitate the above embezzlement of E.

Accordingly, the defendant has prevented the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and H;

1. Statement made to the prosecutor by the J;

1. A complaint. (E details of the withdrawal;

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