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(영문) 대전지방법원 2016.08.31 2015고단3303

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around October 2007 to October 2014, the Defendant, as the general official of the victim “D”, the Korea Army C at the Korea Army Academy C and the Modivers’ friendship group, was engaged in the preparation and implementation of the said victim’s business plan, budget use and execution, budget settlement and fund management, and payment of membership fees.

On December 21, 2007, the Defendant transferred the management of the fund created by receiving membership fees from members of the victim E, and the Defendant was managed by the Defendant on December 21, 2007.

The above KRW 50 million was arbitrarily consumed by a post office account (Account Number G) in the name of F, and was kept for the victim by remitting KRW 50,000 to the account of a post office account in the name of F and was in the course of business for the victim, such as withdrawing the above fund and using it as funds for personal business.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The filing of a complaint, the list of members, the current status of payment of membership fees, each proxy for criminal complaint, each statement of details of financial transactions, inquiry into details of financial transactions, investigation report, inquiry into financial information, investigation report (written statement by telephone from a person in charge of a warrant), copy of a check before himself/herself, and the application

1. The scope of the recommended sentence [the basic area (from April to April), the basic area (from April to April), and the following circumstances shall be determined as indicated in the order, taking into account the pertinent Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act regarding the crime, the grounds for the sentencing of the sentence of imprisonment, and the following circumstances.

Unfavorable circumstances: The defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. have been committed, such as the defendant's age, sex, environment, motive of the crime, means and consequence, etc.