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(영문) 대구지방법원 포항지원 2017.03.29 2016고정478
업무상횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

In the Daegu District Court Port Branch on March 24, 2016, Defendants A and B were sentenced to a suspended sentence of ten months for criminal fraud, and Defendant B were sentenced to a suspended sentence of two years for six months, respectively, on April 1, 2016 for which the said judgment became final and conclusive.

Defendant

A From April 1, 2009 to March 31, 2016, a victimized person, who has been in charge of the management and supervision of all business affairs arising from the sub-chapters at the time of port Epo-si as the president of the sub-chapters, and Defendant B was in charge of the receipt, management and supervision of all documents of the sub-chapters at the time of port from February 1, 2013 to December 31, 2015 as the secretary general of the sub-chapters at the time of port from February 1 to December 31, 2015.

The Defendants conspired to use the above branch support fund managed by the Secretariat at the port of call for the appointment of counsel for personal cases of the Defendants.

Defendant

B On September 1, 2015, the Mag-si branch of the Nggg-si branch of the Ngggg-si, instructed F to withdraw money from the said support payment account to “The President Park Ng-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-

Accordingly, the Defendants embezzled the property of the victim who was in custody in the course of business in collusion.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of witness G, F, and B;

1. Each police statement concerning G and F;

1. Investigation report (which is related to the disbursement of counsel fees);

1. Previous convictions in judgment: Application of a reply to inquiry, such as each criminal history, and application of Acts and subordinate statutes of investigation report (Attachment to suspects' copies of written judgments);

1. Relevant provisions of the Criminal Act and Articles 356, 355 (1), and 30 of the Criminal Act concerning the selection of punishment for a crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Articles 70(1) and 69(2) of the Criminal Act, each of which is to attract a workhouse;

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