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(영문) 창원지방법원 마산지원 2013.04.24 2012고단395
업무상횡령
Text

Defendant

A A shall be punished by a fine not exceeding five million won, and Defendant B shall be punished by a fine not exceeding two million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a director with the power of representation of victim E (hereinafter referred to as "victim E") who is in charge of overall administration and budgetary affairs of the Victim Association, and Defendant B is a senior executive director of the Victim Association, who assists Defendant A and is in charge of actual affairs of administration and budgetary matters of the Victim Association.

On June 30, 2010, the Defendants conspired and embezzled KRW 4,736,830 out of the total amount received from the lessor, Co., Ltd., Ltd., the previous office located in G, and KRW 64 million and the amount received from the HF association’s mutual aid association for supporting the relocation of the office of the victim association, for the sake of the victim association, at the office of the victim association located in the 3th floor in the Masan-si, Changwon-si, Seoul Special Metropolitan City. The Defendants embezzled KRW 68,736,830, total sum of KRW 68,736,830 through 19 times as indicated in the list of crimes in the separate list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement made to I and J;

1. An investigation report (attaching a real estate lease agreement, etc.);

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Articles 356, 355 (1), and 30 of the Criminal Act concerning facts constituting an offense;

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

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