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(영문) 서울서부지방법원 2016.02.17 2014고단2433
업무상횡령
Text

Defendant

A Imprisonment with prison labor for ten months, for one year, for one year, and for ten months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

The Defendants, as co-representatives of the members of the Emergency Countermeasure Committee (hereinafter “Emergency Countermeasure Committee”) organized by 22 owners of land and housing located in the redevelopment 2 and 3 districts among the Seoul Mapo-gu Seoul Mapo-gu G, the Defendants, as well as the Defendants, conspired to arbitrarily use the resettlement compensation to be distributed to each member by their consent as the cost of new construction of the building, as the 22 emergency countermeasure members, including H, I, J, and K, when 8 emergency countermeasure members, including the Defendants, live in the urban environment improvement project period.

The Defendants received compensation for the relocation of KRW 634,621,030,030, in total, KRW 634,621,030,000,000 from the Construction of Treatment Co., Ltd., Ltd., a private person, a contractor, to June 10, 201, and KRW 200,000,000,000,000,000 on July 14, 2011, from the National Bank Account in the name of Defendant B, and embezzled the property of the victim from June 10, 201 to November 16, 2011, while the victim was under his/her business custody for the Emergency Countermeasure Committee.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Partial statement of the witness B (as to the defendant A and C)

1. Each legal statement of the witness M, N, andO;

1. The description of the Defendants’ partial statement concerning the interrogation of the suspect in each prosecutor’s office against Defendant B

1. Some statements concerning the suspect interrogation protocol against the defendant B

1. Each police statement made to H and P;

1. A written agreement (30-32 pages of investigation records, No. 18471, 2014), the final settlement confirmation and receipt, each non-deposit confirmation letter (33-39 pages of investigation records), and confirmation letter (40 pages of investigation records);

1. The application of laws and regulations governing personal financial transactions (deposit and withdrawal) - B’s account (type B, No. 18471 of 2014, No. 88-125 of investigation records)

1. Criminal facts;

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