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(영문) 광주지방법원 2014.05.14 2013고단5304

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From January 16, 2012, the Defendant had been in charge of the management of the victim’s funds and passbook as the general secretary of the victim’s “C”, which is a friendship group of mid-term business operators. On January 201, 208, the Defendant terminated the lease contract on the building located in Gwangju Northern-gu, which was used as C’s office according to the intent of the police officers, and embezzled the total amount of the lease deposit amount of KRW 20 million from the building owner E on three occasions from January 16, 2012 to April 27, 2012, while receiving the total deposit amount of KRW 20 million from the building owner E as his own account and kept it for the victim’s business. At that time, the Defendant embezzled it by discretionary consumption of the installment payment and living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. The reasons for sentencing under Articles 356 and 355(1) of the Criminal Act regarding criminal facts are that the defendant has paid 10 million won out of the amount of damage to the victim until now, the defendant has no criminal records of the same kind, and the defendant has no criminal records of the same kind, and the sentencing standard [basic area: April - January 1st and April] shall be determined as ordered under the applicable law regarding criminal facts, and this law shall not be detained in order to give the defendant an opportunity to agree with the victim.