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(영문) 서울남부지방법원 2014.09.17 2013고단3981
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From July 18, 2011, the Defendant, as the representative of D clan (hereinafter referred to as “victim clan”) from around July 18, 201, has been engaged in various duties related to the clans, such as the conduct of litigation and the disbursement of funds.

1. On September 6, 2011, the Defendant entered into a contract with F to sell 400 million won E real estate owned by the said victim’s clan to F, and embezzled loans of the Defendant’s aggregate of KRW 400 million, including KRW 50 million, KRW 10 million, KRW 50 million, KRW 1000,000, KRW 250,000 on September 29, 2011, and KRW 400,000,000, KRW 1,469,654, KRW 14, October 21, 2011, and KRW 14,99, KRW 199, KRW 194, KRW 194, KRW 194, KRW 105, KRW 101, KRW 105, KRW 1065, KRW 18,201, KRW 15,201, KRW 105,2018.

2. On September 14, 201, the Defendant embezzled KRW 326,045,335, excluding KRW 44,465,35,35, out of the amount of attorney’s fees paid for carrying out civil litigation related to a clan on March 20, 201, while the Defendant was assigned to Korea L Corporation for the acquisition of public land, and received KRW 370,474,00 from the former head of the Gun of the Republic of Korea on September 23, 2011 to transfer KRW 370,474,00 from the bank account in the name of the Defendant for the said clan from September 26, 201 to October 7, 2013, for personal purposes, such as the purchase of the Defendant’s vehicle, marriage expenses, etc.

As above, the Defendant embezzled the total amount of KRW 492,014,143 of the victim clans.

Summary of Evidence

1. Legal statement of the witness N;

1. The third protocol of examination of the accused by the prosecution;

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes to arrange data on the accusation, clan rules, clan guides, statement of expenditure, resolution of special decentralization members, and detailed statement of expenditure;

1. Criminal facts;

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