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(영문) 수원지방법원 2017.04.21 2016고단6605
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From January 2008 to December 2015, the Defendant performed the duties of the Victim C clans Association (hereinafter referred to as “victim clans”) as the general duties of the Defendant, and was in charge of the management, etc. of the clan properties.

1. Joint crimes with D;

A. On July 23, 2015, the Defendant: (a) released part of the compensation money for the accommodation of a victim clan owned by D and D, which was granted by the forestry cooperative of the victim clan, and kept in the custody of his/her business; (b) voluntarily withdrawn KRW 3 million from the compensation money for the expropriation of land owned by the victim clan owned by D, which was kept in the custody of the victim clan from the forestry cooperative of the original city of the Republic of Korea on July 23, 2015; and (c) voluntarily voluntarily withdrawn KRW 2.5 million from the compensation money for the expropriation of land owned by the victim clan, which was kept in the custody of D around the 29th of the same month; and

Accordingly, the defendant, in collusion with D, embezzled money owned by the victim of the clan that D had been kept.

B. The Defendant considered to have paid KRW 10 million to a clan rather than actually paid the income tax on the transfer of real estate owned by D and the victim clans. The Defendant recruited KRW 10 million by dividing it among them. On August 3, 2015, at the forestry cooperative located in the Dong-dong in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Accordingly, the defendant, in collusion with D, embezzled money owned by the victim of the clan that D had been kept.

2. On August 3, 2015, the sole criminal defendant received money owned by the victim’s clan from a bank account in the name of the defendant to keep the victim’s clan in custody for business purposes.

On February 12, 2016, the Defendant refused to return 10,870,450 won of the public funds of the clan kept by the Defendant from the victims and embezzled them without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A copy of a bankbook;

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