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(영문) 의정부지방법원 고양지원 2018.05.10 2017고정1287
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

While the Defendant, as the head of the Management Management Steering Committee for Victims E located in Ilyang-gu, Busan Metropolitan City from around 2009 to around 2013, was in charge of operating management expenses, he/she arbitrarily lent KRW 25 million out of the above management expenses to F and embezzled on March 27, 2012 while he/she kept management expenses for the victim.

Summary of Evidence

1. Application of each of the statutory statements made by witnesses F, G and H

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of fines concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the defense counsel is the head of the management group, but the defendant is not the head of the management group but the custodian is not in the position of the management expenses, and the act of this case does not violate social rules as a matter of solving the medical expenses of F children.

The argument is asserted.

However, the management expenses are deposited in the account in the name of the management unit, and the disbursement of the management expenses is a structure that the head of the management office uses mechanically when the defendant who is the management director approves after the resolution of the management committee.

may be seen.

In addition, there was a purpose to resolve the medical expenses of the executive secretary of the operating committee.

Even if the use of management expenses for other purposes does not violate the social regulations;

As can not be seen, all of the above arguments by the defense counsel are rejected.

The reason for sentencing shall be determined by taking into account the fact that the defendant was placed in a management non-account of KRW 25 million, the fact that the defendant has no profit acquired by him, the motive, circumstance, means, results, the fact that the defendant has no same power, the circumstances after the crime, etc.

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