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(영문) 울산지방법원 2014.07.11 2013고합348
특정경제범죄가중처벌등에관한법률위반(횡령)
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Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

Defendant

B, from around June 2007 to June 2013, 2013, the Defendant was in charge of the management and management of the property of the instant clans Association (hereinafter referred to as “the instant clans Association”) as a general secretary, and Defendant A, as the president of the instant clans Association for the same period.

1. On March 25, 2008, the Defendants entered into a contract with the Ulsan-gu Busan Metropolitan Government Trucking Transport Business Association (hereinafter “the Association of this case”) to sell KRW 32,863 square meters of land and 546 square meters of forest land owned by the relatives association of this case for KRW 2 billion. From August 27, 2008, the Defendants received KRW 200 million of the down payment around June 26, 2009, KRW 40 million of intermediate payment around June 26, 2009, KRW 50 million of the intermediate payment from February 12, 2010, and received KRW 1.1 billion of the total of KRW A’s money from around August 28, 2008 to KRW 300,000 of the total of KRW 500,000 of stocks and 700,000 won of the share transfer from Defendant A to around August 28, 2008.

2. As above, Defendant B, as the general secretary of the victim’s meeting, embezzled KRW 27,546,370 in total, including KRW 11,534,375, and KRW 16,76,370 in operating funds of the instant clan Association deposited in the bank account in the name of the Defendant’s branch bank (H) and KRW 16,013,76,760 in total, which were deposited in the account of the Plaintiff’s branch bank periodical deposits in the name of the Plaintiff’s branch bank (I), and embezzled the said money by voluntarily consuming KRW 5,00,00 in total, six times from around November 26, 2012, while he was on business for the instant branch bank account (H) and voluntarily consumed KRW 5,546,370 in total, as stated in Table II, from around that time to June 14, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to the Prosecutor's Office;

1. Minutes, written judgments, certified copy of the register, details of passbook transactions, and the minutes of the closed meeting; and

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