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(영문) 부산지방법원 2017.05.18 2016고단8406
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 27, 2010 to August 30, 2016, the Defendant is the head of an association of the “E Housing Redevelopment and Improvement Project Association” located in Busan-gu, Busan-do (hereinafter “victim Cooperative”) to manage and keep the assets of the Victim Cooperative.

1. The indictment of KRW 338,700,000 is written as “338,734,000,” but this is obvious that it is a clerical error in light of facts charged and evidence (see, e.g., evidence record 39 pages). Thus, it is corrected as above.

On January 20, 2014, the Defendant withdrawn KRW 338,700,000 from the victim’s association’s funds located in the Korean Bank FF account in the name of the victim union located in the Jeonpo-dong, Busan-dong, Busan-dong, 607-1, and embezzled it for the personal purpose of the Defendant from February 11, 2014 to February 11, 2014.

2. On December 8, 2014, the Defendant embezzled KRW 25,631,440: (a) withdrawn KRW 428,20,000,000 owned by the victim’s association located in the National Bank G account in the name of the victim’s association at the former National Bank branch of the former National Bank of Korea; (b) transferred KRW 176,80,000 among them to the H National Bank account in the name of the Defendant on December 30, 2014 and embezzled KRW 25,631,440 from that time until February 5, 2015 for business purposes by arbitrarily consuming KRW 25,631,40 for the Defendant’s personal use.

3. On December 8, 2014, the Defendant embezzled occupational embezzlement of KRW 60,150,000: (a) withdrawn KRW 428,20,000,000, which was owned by the victim’s association G account in the name of the victim’s association at the former National Bank G account in the former National Bank branch of the foregoing National Bank; and (b) during the course of business keeping KRW 60,150,000 among those, embezzled by transferring it to the HF bank account in the name of the Defendant with the intent to acquire it on December 30, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement statement made to I by the police (first time);

1. To revoke and refund a copy of a written request for the refund of charges for metropolitan transport facilities and charges for metropolitan transport facilities;

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