logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.05.30 2017고단1277
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From around 2007, the Defendant was selected and appointed as the representative of the “B” text of an association which is not a victim’s non-legal entity (hereinafter “victim’s text”) and is engaged in the business of managing and executing funds in the victim’s text until then.

On December 14, 2012, the Defendant embezzled the sum of KRW 150 million in the victim’s door by arbitrarily using the Defendant’s personal debt and living expenses, etc. on five occasions from the time on January 12, 2016, as shown in the list of crimes in the attached Table, from the time on which the Defendant deposited KRW 30 million in the D Bank E account held in the name of the Defendant for the purpose of opening the victim to the D Bank E account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statements made by witnesses G and H in the second public trial records;

1. Statement made by the witness I in the third public trial protocol;

1. Return (A) to the written request for financial transaction information (D bank) and response to the written request for financial transaction information (B) (D bank)

1. Investigation reports (report on reorganization of financial transaction data), and the details of consolidated deposit and withdrawal by date of a D bank (the application of Acts and subordinate statutes in B/A):

1. Determination as to the defendant's defense counsel's assertion of the pertinent Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning criminal facts

1. On August 12, 2012, the summary of the argument stated in the minutes of the extraordinary general meeting among the victim's sentences that "the answer to the defendant's clan will be paid up to the balance, and will be frankly frankly," in light of the fact that the victim's door at the time was discussed to pay a considerable amount of compensation to the defendant. In addition, the victim's door on November 22, 2012 at the Council of Administration resolution to distribute the defendant's property at the meeting of the Council of Administration among the victim's door on November 22, 2012, the defendant used the above KRW 150 million.

arrow