beta
(영문) 인천지방법원 부천지원 2017.04.21 2017고정181

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from May 19, 2004 to November 5, 2014, worked as the president of the victim C reconstruction association located in Bupyeong-gu, Bupyeong-gu, Busan as the president of the association, and took overall charge of the affairs such as reconstruction promotion and fund management.

On August 10, 201, the Defendant transferred KRW 700,000 to the virtual account of the public prosecutor's office for the payment of a fine for the personal case at the national bank located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Do party branch around August 10, 201.

In addition, from April 22, 2010 to September 18, 2012, the Defendant voluntarily withdrawn or transferred 14,300,000 won in total from around 24 times to around 24 times, as indicated in the list of crimes, to use it for personal purposes, such as the payment of fines and living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certification of each content:

1. A detailed statement of cash withdrawal, a detailed statement of transaction of passbooks of a cooperative, a cash receipt and disbursement statement of a cooperative, a detailed statement of use of project funds of a cooperative, and application

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The nature of the crime is not good, the circumstances favorable to the fact that no agreement has been reached with the victim even after a long period of time has passed since the crime was committed: Recognition of and reflects on the crime; the fact that there was no record of punishment for the same crime before the crime was committed; and the fact that there was no record of punishment for the same crime, including the motive and background of the crime, the means of the crime, the circumstances after the crime, the circumstances after the crime, and the family circumstances, etc., are determined as ordered by taking into account