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(영문) 수원지방법원 성남지원 2017.04.21 2017고단105

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From around 2005, the Defendant has been engaged in the management of the operation fund of the above C as the general secretary of the victim C.

1. On February 2013, the Defendant embezzled expenses for each team from February 2013 to August 2016 by consuming KRW 107,130,717 in total for personal use, such as living expenses, etc., from February 2013 to August 2016, after receiving KRW 15,90,000 to the accounts of agricultural cooperatives under the name of the Defendant (Account Number : F) with deposit of KRW 15,90,00 in one’s own name, and consumed in mind in the manner of personal use, such as living expenses, etc. during his/her business custody, although the expenses for each team are deposited in the accounts of agricultural cooperatives under the name of the Defendant’s name (Account Number : E).

2. On September 24, 2015, the Defendant embezzled KRW 34,920,000, total sum from September 24, 2015 to April 25, 2016, by consuming KRW 34,920,00 for personal purposes, such as living expenses, while withdrawing KRW 5,00,00, which was deposited in the Agricultural Cooperative Account (Account No. 1) in the office of G and H 1st floor, in the course of performing his/her duties, and consuming it as personal purposes, such as his/her living expenses.

Accordingly, the Defendant embezzled total of KRW 142,050,717 over 38 times from February 2013 to August 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. A complaint (including attached data);

1. Application of Acts and subordinate statutes to a trade statement, No. 2012, No. 100, No. 300, No. 3000, No. 1000, No. 1000,

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts (to be punished by imprisonment with prison labor comprehensively for each account);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. [Scope of Recommendation] Type 2 (at least 100 million won but less than 500 million won) basic area (at least one year to 3 years)

2.(Determinations of sentence) The following circumstances and the age, sex, and behavior of the accused;