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(영문) 인천지방법원 부천지원 2020.05.29 2019고정844
업무상횡령
Text

A fine of KRW 1,00,00 for the first, second, and third crimes in the judgment of the defendant, and a fine of KRW 300,00 for the fourth crimes in the judgment.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2017, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution at the Seoul Central District Court for the crime of violation of the Road Traffic Act, and the judgment became final and conclusive on June 28, 2017.

【Criminal Facts】

The defendant is a member of the "B clan" who is the victim, a member of the clan in charge of the management of the property owned by the clan from around 2008, the progress of the general assembly, etc.

1. The criminal defendant committed embezzlement of resident tax refund around January 21, 2010 and the same year from around January 21, 2010

3. From January 16, 201, the sum of 9,188,780 won (the sum of 8,149,150 won on January 21, 2010, and 1,039,630 won on March 16, 201) refunded to the victim at the 1531 and the 1,188,780 won (the sum of 8,149,150 won on March 21, 201, and 1,039,630 won on March 16, 201) was paid to the CF account in the name

During that period, the Defendant was at least KRW 110,00,000,000 from the victim’s CUnion account to August 19, 2010, and the same year.

9.9.Around 3.4 million won were withdrawn respectively and used voluntarily for personal purposes.

2. Around December 31, 2013, the Defendant committed embezzlement of acquisition tax refunds: (a) around December 31, 2013, at the 1531 office and the branch office inside Pyeongtaek-si office in Pyeongtaek-si, Bupyeong-gu, Dong-dong; (b) KRW 1.54,00,000 acquisition tax refunded in the name of the victim was paid to the C Association (E) account in the name of the victim and kept it for the victim.

From March 18, 2014, the Defendant voluntarily released KRW 1540,000 from the victim’s CUnion account and used it for personal purposes.

3. Around May 24, 2017, the Defendant: (a) received KRW 1 million for the installation and management expenses of a clan charnel from the deceased F as the account in the name of the Defendant in the name of H bank; and (b) used the same for personal purposes, such as living expenses, etc. around that time.

4. The Defendant committed embezzlement of the expenses for the establishment and management of charnels around June 28, 2018, which is one million won for the establishment and management of a clan charnel against the deceased I around June 28, 2018.

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