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(영문) 창원지방법원 진주지원 2013.05.16 2013고정56
횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

The defendant, as the head of the second Ban of the South-west Sea Village in which he resides, has been in charge of collecting the operation fund from the members of the village and transmitting it to the head of the village.

On September 17, 2011, the Defendant embezzled the operating fund of KRW 1,340,00,000 from 7 members of the 2nd half of the village of C, such as E, who visited the Defendant’s residence from the beginning of July 201 to the lower half of August 201, while keeping the funds without delivering the funds to F, the Defendant embezzled the funds by way of depositing the funds in full in his name to the regular deposit account (CF, and G) of the funds opened under his/her own name, at around September 17, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report (victim H, witness F, victim I, victim J, victim K, victim L, victim M telephone communications);

1. Current status of the payment of operating funds for the second half-class members of a C village;

1. Application of statutes on a copy of a passbook of regular deposit;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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