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(영문) 춘천지방법원 원주지원 2018.06.28 2018고단278

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From around 2012, the Defendant, as the general secretary of the victim’s “C organization,” which is a friendship group of B, etc., was in charge of the management of the funds of the victimized organization.

The Defendant deposited 32,080,330 won of the funds owned by the damaged organization to the Agricultural Cooperative Account under the name of the Defendant and kept them for business purposes. On March 9, 2017, the Defendant transferred the funds from the Agricultural Cooperative Branch of the Agricultural Cooperative Co., Ltd. in the name of the Defendant to another Agricultural Cooperative Account (E) in the name of the Defendant, and embezzled them for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing of Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation Order (the data submitted by the applicant for compensation alone does not clarify the existence or scope of liability for compensation against the applicant, not the victimized organization) / [the scope of recommended punishment] 1 type (4 months to one year and four months) of Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the data submitted by the applicant for compensation does not clarify the existence or scope of liability for compensation against the applicant, not the victimized organization] (the decision of sentence is accepted by the defendant / The decision of sentence is that there is no history of criminal punishment except once of the fine, but the defendant plays the general role of the friendship organization, and embezzled and used the total amount of funds in the occupational custody, so the punishment was sentenced because the crime was significantly poor, and the case was not recovered

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.