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(영문) 수원지방법원 2018.11.08 2018고합378
업무상횡령
Text

The sentence of each sentence shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the representative meeting of the Do Officetel management unit in the Gunpo-si, defendant B is the vice-chairperson of the above representative meeting, E is the general affairs of the above representative meeting, and F is the auditor of the above representative meeting.

D The chairperson of the D Officetel representative meeting shall pay KRW 150,000 per month to the 150,000 won per month, the vice-chairperson, the auditor, and the general affairs of the D Officetel representative meeting as stipulated in Article 28 of the D Officetel management rules, and shall operate the expenses for the performance of the duties of the D Office

Nevertheless, in collusion with E and F on November 2016, the Defendants embezzled KRW 2,250,000,000 in total, by executing the cost of performing the work on January 1, 2016 and on January 201, 2017, without amending the management rules on the ground that the operating cost of the said officetel was fluorily and without amending the management rules on the ground that the operating cost of the said officetel is fluorily, the president is 50,000 won, the general secretary is 30,000 won, the vice president, and the auditor is 20,000 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements in the police interrogation protocol concerning E or F;

1. Statement of the police statement related to G;

1. A copy of the minutes of an extraordinary general meeting of the D Management Agency, 2016;

1. A copy of the written resolution on expenditure;

1. Application of the Acts and subordinate statutes to the complaint;

1. The Defendants: Articles 356, 355 (1) and 30 of the Criminal Act; and Articles 356, 355 (1) and 30 of the same Act;

1. Defendant A who is to suspend the sentence: Fine of 500,000 won Defendant B: fine of 300,000 won;

1. Defendants to be detained in the workhouse: Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act;

1. The defendants of suspended sentence: The grounds for sentencing under Article 59(1) of the Criminal Act (the following circumstances are considered as the reasons for sentencing)

1. The range of punishment by law does not exceed 30 million won, respectively;

2. That the sentencing criteria shall not apply since each fine is selected for failure to apply the sentencing criteria;

3. The decision of sentence was made by the Defendants that the Defendants are responsible for the management of officetels and that the business promotion cost was the mother and mother.

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