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(영문) 부산지방법원 2018.04.10 2017고정1841
횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 2014, the Defendant was elected as the chairman of the committee for promotion of redevelopment and improvement projects around C, and was dismissed by the resident general meeting on August 7, 2015.

On January 14, 2016, the Defendant: (a) obtained re-issuance of the official seal of the promotion committee registered as the seal of the head of the bank account (D) in the jurisdiction of the head of the bank account in Korea, which was used for the purpose of the fund management by the said promotion committee at the location of the head of the bank located in the Yeongdeungpo-gu Busan Metropolitan Government, the Defendant registered his personal seal as the seal of the head of the Tong and managed the funds of the promotion committee.

After that, on January 15, 2016, the Defendant embezzled KRW 630,000 out of the deposit balance in the said bank’s account at a point in the Bluedong branch of the Bank.

Summary of Evidence

1. Legal statement of witness E;

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

1. Application of the Acts and subordinate statutes governing a copy of the passbook (A) and a certificate of deposit transaction performance;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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 concerning the order of provisional payment;

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