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(영문) 청주지방법원 2014.11.07 2014고단1171
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 18, 2007 to April 6, 2012, the defendant has a duty to manage the funds of the clan since he/she takes charge of all the duties, such as the opening of meetings and the operation of finance, etc. of the Victim C clan.

1. On April 10, 2007, the Defendant sold D and one parcel of land owned by the said clan to E, after selling it to E:

A. On September 5, 2007, Jincheon-gu, Jincheon-gun used 5 million won out of the purchase price of land from Jincheon-gu, Jincheon-gun to be deposited in the Jincheon Agricultural Cooperative account under the name of the defendant for the purpose of studying abroad until the 14th of the same month while the purchase price of land was kept for business purposes;

B. On September 20, 2007, in the same manner as E from September 20, 2007, the land trading amount of KRW 15 million out of the purchase price was deposited and embezzled arbitrarily by using it as expenses for studying abroad on the same day.

2. On April 10, 2007, the Defendant deposited and managed the purchase price of KRW 50 million from E to the account of the Defendant’s forestry cooperative under the name of the Defendant for one year. On April 24, 2008, the Defendant did not return the said money to the clan by depositing it into the account in the name of the clan while he kept the said money for business purposes. On April 24, 2008, on April 24, 2008, the Defendant embezzled the amount of KRW 20 million out of the regular termination money from the Jincheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Incheon-gun, U.S. Forestry Cooperatives to one bank account in the name of F and embezzled it for personal purposes. On the same day, the Defendant’s wife transferred KRW 20 million to G’s national bank account in the name of G to use it for personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to H and I;

1. A investigation report (a sale and purchase contract for real estate);

1. The application of the statutes on the list of transactions of self-reliance deposits and the details of entry into and departure from a clan;

1. Relevant Articles 356 and 355 of the Criminal Act concerning criminal facts

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