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(영문) 서울중앙지방법원 2016.08.25 2016고단4636

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2, 2012 to March 31, 2016, the Defendant engaged in duties, such as accounting, as the head of the administrative department of the C Elderly Medical Care Center.

around 20:06 on April 19, 2013, the Defendant embezzled KRW 265,00 in total 124 times from around 20 to February 25, 2016, on a total sum of KRW 124,031,560, as shown in the attached Table of Crimes, when the Defendant entered the money deposited in the liquidity account (one bank account E) of the Medical Care Center for the said Medical Care Center as “purchase of warehouse goods.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A copy of each bankbook;

1. Report on the current status of an accounting accident of the facility;

1. Inquiries about details of current bank liquidity transactions in the name of the person under consideration;

1. Inquiry into details of liquidity transactions in the name of the recipient;

1. Copy of a receipt;

1. A copy, etc. of the table, written resolution on expenditure, or detailed inquiry about transaction details of liquidity accounts;

1. Application of Acts and subordinate statutes, such as a letter of goods, a written resolution for expenditure, or a copy of a detailed inquiry about current account transactions;

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, with respect to the relevant Articles of the Act and the choice of punishment for the crime;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) of the Criminal Act)

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant committed the instant crime more than 10 times repeatedly by taking advantage of his/her position for a long time, and the amount of damage therefrom reaches 300 million won. In light of the background and method of the instant crime, the period, and the scale of damage, etc., the crime is very poor.

The favorable circumstances reflects the wrongness in depth.

It seems that the victim reached a full agreement with the victim, paid a considerable amount of money, and the full amount of the damage in this case is to be recovered due to the creation of a security right.

( old).