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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2014.12.02 2014고정1094
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From December 18, 2005 to May 13, 2012, the Defendant was in the position of keeping the property to be managed by the partnership with the partnership property as the president of the victim D Apartment Housing Reconstruction Project Association.

1. Around September 5, 2008, the Defendant embezzled a fine of KRW 750,000 by withdrawing the funds of the Victim Association in order to pay a fine of KRW 7,50,000 that the Defendant received by assaulting its members while keeping the funds of the Victim Association in the office of the said Victim Association in Mapo-gu Seoul Mapo-gu.

2. On November 26, 2010, the Defendant deposited KRW 148,182,377 of the liquidation money of the union members who died in the above partnership office for the purpose of the victim association, and embezzled KRW 137,928,77 of the said union members’ heir during the course of performing their duties, by transferring the remainder of KRW 10,269,70 to the Defendant’s personal account.

3. On March 26, 2009, the Defendant embezzled KRW 25,650 of the Defendant’s personal vehicle tax by paying KRW 25,650 of the Defendant’s personal vehicle tax with the funds of the said association while keeping the funds of the victim association in the course of business at the above association office, and embezzled it by using KRW 382,410 as the Defendant’s personal vehicle tax, automobile inspection expenses, and automobile repair expenses, etc. for a total of eight occasions from around that time to June 15, 2012, as in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Details of deposits in and withdrawal from partnership accounts, and application of audit report statutes;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. The crime of this case is committed by the victim under Article 59(1) of the Criminal Act of the suspended sentence.

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