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Reasons
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(영문) 대구지방법원 김천지원 2015.01.28 2014고단1424
업무상횡령
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A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person appointed as a member of the Real Estate Purchase Promotion Committee at the meeting of D clan on October 7, 2008, when he/she works as the principal member of D clan from May 2007 to May 201.

Around November 2008, the Defendant: “F” located in Si, Si, Si, Gu and Si, intended to purchase G, a brokerage assistant belonging to the said office, with “F” the size of 7,272m2m2, which is used in the clan. As such, the Defendant calculated the actual price of KRW 300,000,000 for the purchase price of KRW 66,000,000 for the usual 40,000 won and KRW 80,000,000 for the purchase price, and completed a written contract and returned the difference. It was paid in lieu of the seller’s agent.” Since G obtained approval from I.

On November 12, 2008, the Defendant: (a) concluded a real estate sales contract with the seller’s agent to purchase the said forest land of KRW 7272 square meters in KRW 880 million; (b) the Defendant arbitrarily paid KRW 760 million, which was received from the victim as a down payment and kept for the victim as a transfer income tax; (c) paid KRW 150 million, which was consumed for personal use around that time, and embezzled KRW 220 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each suspect examination protocol prepared by the prosecution against J, K, L, M, N, andO;

1. Each police suspect examination protocol on I, P, G, Q, and R;

1. The police statement of S;

1. Each investigation report (Submission of suspect I-Submission Data and Data about Suspect A);

1. Application of Acts and subordinate statutes to all matters to be registered, real estate sales contract, account transaction details, receipts, confirmations, and disbursement details;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62(1) of the Criminal Act provides that the defendant's liability for a crime shall not be minor in light of the circumstances, means, and amount of damage caused by the reason of sentencing.

However, the defendant's above money to the clan members including himself.

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