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(영문) 부산지방법원 2017.02.03 2016고정2027
업무상횡령
Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who was in charge of all the projects operated by the Saemaul Treasury, such as the Financial and Credit Welfare Services of the Saemaul Treasury, while working as the Saemaul Bank located in Busan Jin-gu D.

D At the time, the Saemaul Bank operated the required class as part of the welfare project from October 2014, and the Defendant was engaged in the duties as the working-level manager of the required class, and deposited the membership fees received from its members into the Saemaul Bank and operated it, but made it deposited into the passbook in another person's name.

1. On July 1, 2015, the Defendant: (a) voluntarily released KRW 561,00,000 to use the membership fee of D Saemaul Depository classroom in the name of an individual; (b) used the membership fee of D Saemaul Depository classroom for the said Saemaul Depository in the name of an individual; and (c) embezzled it for personal purposes on July 1, 2015.

2. Around August 12, 2015, the Defendant: (a) voluntarily withdrawn KRW 300,000, out of the membership fees of the family class in custody, as in the foregoing paragraph (1) around August 12, 2015; and (b) embezzled it under the pretext of a summer leave.

3. On September 22, 2015, the Defendant: (a) voluntarily withdrawn KRW 400,000, out of the membership fees of the family class in custody as in the foregoing paragraph (1) from around September 22, 2015; and (b) embezzled the said KRW 400,000 under the name of the family class under custody.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F, and part of witness G, legal statement;

1. Complaint;

1. A detailed statement of internal regulations, such as guidelines for the operation of welfare projects, and of the head of Tong to manage membership fees in required classes;

1. The application of Acts and subordinate statutes on the method of computerized entry of projects for welfare of the Saemaul Treasury in 2015, notification of computerized entry of the results of the operation of the projects for welfare of the Saemaul Treasury in 2015, application for registration of members, each official document, banner and public relations material keeping photographs, the details of support for family class, the division of duties of employees and the cases of taking over the affairs, data related to the settlement of lecture fees, recording records, and written statements by

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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