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(영문) 전주지방법원 2017.03.16 2017고정18
업무상횡령
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From January 1, 2006 to December 31, 2008, the defendant was the representative of the clan C in charge of exercising overall control over the financial affairs, such as budget execution and settlement of accounts.

Defendant: (a) On January 18, 2008, the forest land of the said clan was paid KRW 15,100,000,000, which was incorporated into the land in the section D for Jeonju-Yon Highway D; and (b) was kept in custody of KRW 5,023,323 remaining after the said clan was used as litigation expenses, etc. by the Korea Road Corporation; (c) on March 15, 2015, the said clan was requested to return several times from E elected as the representative of the said clan on March 21, 2015, but was embezzled by refusing to return without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a certified book, G name transaction details (CF), each content certificate, C clan 2012, C clan 2014, and 2015 to the minutes of each ordinary general meeting, a copy of passbook in the name of a clan, a land compensation protocol, a water compensation protocol, a water compensation protocol, a certificate of all the registered matters, and the details of the passbook transaction (A).

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334 (1) of the Criminal Procedure Act is not only the procedure prescribed by the inside of the clan in order to use the money as the money of the clan in Korea, but also the fact that the defendant was demanded to return the money for a considerable period of time but also did not return it.

However, the fact that the defendant recognizes all criminal facts, the defendant has no record of being punished for the same crime, and the defendant lives faithfully without any previous record for the last ten years, and the defendant works for the management of property, such as the forest and field of a clan, and for the protection of graves.

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