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(영문) 광주지방법원 2017.08.18 2016고단3540
업무상횡령등
Text

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

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

Reasons

Punishment of the crime

From April 2013, the Defendant, as the representative director of the E Farming Association in the Southern Ma, managed the employees of the Association, and took charge of the production and sale of fireworks and its external business.

The defendant was a representative of the above farming association, and the corporation card issued by the above association was used only for the above association and was not used for the personal purpose.

Nevertheless, on February 2, 2014, the Defendant, in violation of his duties at the gas station in the large-scale, paid a total of KRW 856,980,00 in total by 19 times from around that time to December 12, 2014, as stated in the separate crime list.

Accordingly, the Defendant inflicted property damage equivalent to KRW 856,980 on the above agricultural partnership and acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. (G) as a result of inquiry about the details of gold transactions, and the application of Acts and subordinate statutes on a detailed statement of credit card use, 2014;

1. Article 365 of the Criminal Act applicable to the crime and Articles 365 and 355 (2) of the Criminal Act (generally, selection of fines);

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. Around May 2013, the Defendant agreed to acquire KRW 50 million ( KRW 25 million per unit) of the equity investment shares of H, a promoter for the establishment of a new incorporated farming association (hereinafter in this case, the instant farming association) from May 2013.

On June 20, 2013, the Defendant was willing to pay the acquisition price of shares in H with the funds of the said corporation, and transferred KRW 50 million to the Agricultural Cooperative Account in the name of the Defendant, using Internet banking in the course of business to pay the acquisition price of shares in the said corporation’s account (Account Number:J) on June 20, 2013, and then transferred KRW 50 million to the said H over five occasions on the same day.

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