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(영문) 수원지방법원 2019.06.21 2019고단1661

업무상횡령

Text

A defendant shall be punished by imprisonment for four 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

From February 4, 2015 to December 31, 2016, the Defendant was engaged in the business of collecting and disbursing the membership fees of the said friendship conference at the general meeting of “C,” which is a friendship group created by the students of B elementary school from around February 4, 2016. On February 4, 2015, the Defendant deposited the membership fees of KRW 21,236,913, and the fee collected from 12 victims, such as the victim E, who is a member of the said friendship group, in three F Association accounts (G, H, and I) in the name of the Defendant, and deposited them for the victims in the course of business, and entered the total amount of KRW 2,414,246 by terminating the installment savings of the said G account at the F Association’s well-being meeting located in Yellow-siJ around May 9, 2016, and embezzled them by using the Defendant’s living expense, etc. from around 216 to 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. Determination of sentence: Imprisonment with prison labor for four months and suspended execution for two years, in light of the fact that the defendant, when taking charge of the duties of the friendship conference consisting of the students of the elementary school, embezzled the membership fee of 26 million won, and that the trust of the nearest victims was breached, the amount of damage was not small, and the damage was not recovered at all, it is reasonable to choose imprisonment with prison labor.

However, there is no criminal record against the defendant when the defendant is led to confession, and there is no criminal record against the defendant.