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(영문) 서울남부지방법원 2015.07.22 2014고정3182
업무상횡령
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 2006, the defendant has been engaged in the affairs and finance management of the Association as the secretary general of the D Association, which is a victim, and from January 29, 2013 as the president of the Association.

On June 7, 2013, the Defendant transferred KRW 300,000, among the association funds kept in the Association account in the office of the Association in Yangcheon-gu Seoul building, to F as the benefit of the Secretary-General F, and then spent KRW 1,900,000 in total over three times as indicated in [Attachment] Nos. 10, 11, and 12, such as the transfer to F’s account, and then being transferred to G’s account and consumed for personal use at that time.

Accordingly, the defendant embezzled the victim's property while keeping the property of the victim on duty.

Summary of Evidence

1. Each legal statement of the witness F, H, I, and J;

1. Application of investigation reports (passing a bankbook transaction statement and a copy of fact confirmation), accusation forms Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is as follows: (a) the Defendant embezzled the victim’s property (the No. 6 was deleted from the facts charged) as indicated in the No. 1, No. 5, No. 7, 9, and No. 13, 18, in the manner as indicated in the judgment of the court below.

2. According to the evidence duly adopted and investigated by this court, the defendant recognized that "the defendant ordered members of the Association to receive cooperation, etc. and used the money for personal purposes" on August 20, 2013 and prepared a written confirmation. The defendant demanded a certain amount from members of the Association and used it for personal purposes after being transferred to the account of members of the Association, and the defendant used it for personal purposes until the investigation of this case is completed.

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