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(영문) 대전지방법원 홍성지원 2018.09.19 2017고단881

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From September 2015, the defendant has been engaged in bus driving and transportation fee collection as a bus article belonging to the victim C association in Boban-si B from September 2015.

On November 6, 2015, the Defendant: (a) operated D chartered bus owned by the association of the victim from Boan-si to Boan-gun; (b) deposited KRW 600,000,00 for transportation; and (c) embezzled the transport fee of KRW 29,250,00,000 for the victim’s business on behalf of the victim; and (d) used the transportation fee of KRW 43 times in total from around that time to May 7, 2017, without paying it to the victim; and (e) embezzled the transportation fee of KRW 29,250,00 for the victim’s business on behalf of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The president of the CF;

1. A detailed statement of the amount of embezzlement of C Cooperatives;

1. C Association bylaws;

1. A trading statement;

1. Application of Acts and subordinate statutes to investigation reports (verification of the status of a custodian on duty);

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

1. Selection of each sentence of imprisonment;

1. The Defendant, who had the same criminal record as imprisonment with prison labor for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, has embezzled transport charges for a prolonged period of time and caused substantial damage.

In addition, since the outbreak of the crime, it has shown the behavior to avoid the responsibility without the implementation of assistance while promising the recovery of damage, and even if this court has reached an agreement, it only delays the trial procedure by doping, but there is no trace of efforts to recover the damage.

As such, it is inevitable to strictly punish the defendant in light of the fact that the circumstances after the crime are extremely poor due to the defendant's unlimited liability.

The punishment shall be determined within the scope of the recommended punishment according to the sentencing guidelines in consideration of the favorable circumstances such as the recognition of the crime and the absence of criminal records of imprisonment.