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(영문) 창원지방법원 마산지원 2017.05.16 2017고단298
업무상횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant shall be the chairperson of the E, an incorporated association in Changwon-si Masan-si D.

The defendant from April 26, 2014 to the same year

5. Until April, as the president of the above incorporated association, organized “G” at Changwon-si, Changwon-si, Changwon-si, and took charge of planning, proceeding, and fund management.

On April 25, 2014, the Defendant received KRW 120 million as a subsidy for cultural events for the above G from the Changwon-si of the victim and kept it for business purposes.

From April 29, 2014 to May 5, 2014, the Defendant paid KRW 21,70,000,000, including the credit rating of KRW 14,693,000 to the above hotel in Changwon-si Ha from April 26, 2014 to May 5, 2014, the Defendant paid KRW 21,70,000,00 to the above hotel as accommodation expenses.

Accordingly, the defendant embezzled the victim's property by arbitrarily using the subsidy of KRW 14,693,00 for the defendant's debt repayment for the victim's creative city which was kept in office for G in 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J or K;

1. Lritten statements;

1. Written accusation and accompanying materials;

1. Application of Acts and subordinate statutes to internal investigation reports (attached to accommodation expenses-related data), internal investigation reports (verification of the current status of entry and departure of performance members outside of Korea), internal investigation reports (attached to the settlement of subsidies for accommodation expenses), and respective accompanying data, internal investigation reports (M telephone communications);

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

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

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

Unfavorable circumstances:

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