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(영문) 전주지방법원 2016.02.16 2014고단902
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant E (hereinafter referred to as “E”) with limited liability for victims in the former North Korean Office D from around 2008.

In fact, while operating, victims E has been engaged in the manufacture, sale, and collection of fertilizer products.

On June 15, 2013, the Defendant supplied retirement expenses produced from the victim E to the Seoul Central Federation of the Agricultural Cooperatives, the Seoul Central Federation of the Agricultural Cooperatives, the Seoul Central Federation of the Republic of Korea, 2013. On July 15, 2013, the Defendant received KRW 375,749,517, which was supplied to the victim E account in the name of the victim E and received KRW 375,749,517, and had the victim keep them in custody on behalf of the victim E.

On July 16, 2013, the Defendant arbitrarily transferred KRW 300,000,000 to the name of the head of the Tong F in the Defendant’s wife, and paid KRW 87,000,000 among them to G as the purchase price for the land in the F’s name, and used it for personal purposes.

Besides, from around that time to January 16, 2014, the Defendant embezzled total of KRW 132,00,000 through 104 times by transferring the retirement expenses deposited into the said victim E’s account, such as the list of crimes, to one’s own account under the name of F and the agricultural cooperative account under the name of H, and then voluntarily withdrawing and consuming them for personal use.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part in the first trial record;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution (No. 20, 24 of the evidence);

1. Statement made by the prosecution against I (No. 25 of evidence list);

1. A complaint (No. 1 list of evidence);

1. An investigation report (a report accompanied by a copy of the cover cover of the agricultural bank in the name of the suspect, second dependent, H);

1. Application of the whole certificate of each registered matter (Evidence No. 2, 5, 6, 21, and 23), certificate (Evidence No. 3), transaction statement (Evidence No. 28), copy of passbook (Evidence List No. 42);

1. Determination as to the assertion of the defendant and his/her defense counsel under the pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding the selection of criminal facts (the choice of imprisonment)

1. Summary of the assertion

(a) No. 1 G in part G per annum of the list of offenses committed in the annexed sheet.

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