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(영문) 대전지방법원 서산지원 2014.10.17 2014고단83
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From April 2006 to October 30, 2010, the Defendant has been engaged in various duties, such as revenues, expenditures, management of property, etc. of the said clan as the general secretary of the victim of the Category D.

1. The defendant in breach of trust, as a general member of the above clan, has a duty to manage the clan property with the care of a good manager, such as bringing a resolution on the disposition of the clan property to the general meeting of the clan, while executing the business of the clan as a general member of the clan.

Nevertheless, on February 23, 2007, the Defendant arbitrarily borrowed KRW 106,634 from Samsung Fire Marine Insurance (ju) as collateral for the fire insurance for Samsung New Zealand, which was a member of the above clans owned by the above clans E, and used it for personal purposes, such as living expenses around that time.

In addition, from around that time to February 2, 2010, the Defendant consumed the total of KRW 73,505,213 by the same method over 28 occasions, such as the list of crimes in attached Table (1), and acquired property benefits, and suffered damage equivalent to the same amount as the victim suffered.

2. On February 28, 2010, the Defendant entered the amount in the cash receipt book of the said clan as if he paid KRW 2,000,000 of the monthly insurance premium of Samsung New Daily Fire Insurance, which was a member of the clan in Jin-si, which was a member of the said clan, and used it for personal purposes, such as living expenses around that time.

In addition, the Defendant, from around that time to August 30, 2010, embezzled the victim’s property by consuming KRW 24,477,028 by the same method nine times, such as the list of crimes in attached Table (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including F substitute part);

1. Each police statement concerning G;

1. A criminal investigation report (a complainant's agent and a suspect's submission of data) and insurance-related data, details of account transactions, and the cash receipt and disbursement register of a clan;

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