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(영문) 전주지방법원 군산지원 2013.11.20 2013고단758

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a travelr with the trade name called E in the D University Students' Center located in the Gunsan-si, Si, and has been engaged in the duties of mediating students' language training.

On November 8, 2012, the Defendant received KRW 1,30,000 from the victim F as the purchase price for airline tickets for the training of the Republic of Korea language from the Republic of Korea, and received KRW 36,45,00 from the victim F and the 19 persons as shown in the attached List 1, and kept them for each victim, as stated in the attached Table 1.

On November 8, 2012, the Defendant voluntarily consumed KRW 27,700,252 out of the above amounts from around that time to November 16, 2012, as shown in attached Table 2, including arbitrarily consumed KRW 1.5 million for the repayment of the obligation of the above travelr.

Accordingly, the Defendant embezzled total of KRW 27,700,252 while on duty for each victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A certificate of completion, a copy of each passbook, each specification of transactions, photographs of the results of transfers, each certificate of deposits without passbook, a copy of each transfer certificate, and the application of Acts and subordinate statutes on receipts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on Probation, Etc. [decision of a sentence] Embezzlement Embezzlement Misappropriation and Breach of Trust (less than the Class 100 million won) [Special Convict] mitigated elements: Where significant damage has been recovered [the scope of sentence for recommendation] imprisonment with prison labor for not more than 10 months] [the decision of a sentence] The crime of this case is a travel agent who receives money from 20 victims as the purchase price for airline tickets for the training of fish.