logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.07.13 2016고정2644
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000 (one million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

From January 2013 to February 2, 2016, the Defendant was a person in charge of the affairs of keeping and managing the Village Development Fund, etc. as a person who held office as the head of Sincheon-si Village.

1. The same year during which the Defendant, on August 27, 2015, was engaged in occupational embezzlement of village cleaning expenses, was transferred KRW 1.5 million from the factories located near E in the Defendant’s house located in Sincheon-si, Sincheon-si to the Nonghyup BankF, which is the account of C Village Association, for the purpose of village cleaning expenses to the damaged village residents.

8. To withdraw in cash and use it voluntarily under the name of the defendant's educational expenses for children, and the same year;

8. from 29. to 29.

9.1. The same year during the course of business keeping two million won from factories to the above account and for the residents of the C community of the damaged person.

9.7. Withdrawal in cash and consumption in mind as Defendant’s educational expense.

2. On October 23, 2015, the Defendant: (a) transferred KRW 12,50,000 from the Defendant’s house located in Seocheon-si, Sincheon-si, the Korea Road Construction Project Association for compensation for five sevengs of village street trees in Korea; and (b) transferred the amount of KRW 1,250,00 to the Defendant’s bank in the name of the Defendant’s wife on November 6, 2015; and (c) used the amount for the Defendant’s children’s school expenses in the name of the Defendant’s children, for the Nonparty’s village residents.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, J, and K;

1. Details of deposit transactions (C Village Association);

1. A request for consultation on compensation for losses (Submission of complainants) and a report on compensation for obstacles;

1. Application of Acts and subordinate statutes governing registration;

1. The pertinent legal provisions and Articles 356 and 355(1) of the Criminal Act regarding criminal facts [the Defendant, according to the evidence, can be found to have received a village cleaning cost from neighboring factory managers under the position of the head of the village. Thus, the Defendant is a person who keeps the above money for village residents.

arrow