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(영문) 대전지방법원 2015.11.27 2015고단2819

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From June 1, 2014 to February 28, 2015, the Defendant engaged in telephone counseling and accounting as the head of the team at E-child care center (Gu : F child care center) operated by the victim D in Sejong-si (Gu : F child care center).

On September 6, 2014, while managing the Agricultural Cooperative Account in the name of the above E-child care center, the Defendant arbitrarily transferred KRW 200,000 to the account of community credit cooperatives in the name of the Defendant and consumed it for personal purposes, such as living expenses, etc. from around that time to April 3, 2015, and then arbitrarily transferred KRW 63,656,643 in total to the account of community credit cooperatives in the name of the Defendant, etc. 88 times during the period from around that time to April 3, 2015, and embezzled it for business purposes, such as living expenses, personal debts, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Two times a protocol concerning the examination of the suspect of the defendant (including the parts D to the suspect);

1. Statement of the police statement related H;

1. Application of investigation reports (final confirmation of details of occupational embezzlement transactions) Acts and subordinate statutes;

1. The punishment as per the order shall be determined by comprehensively taking into account all the factors such as the motive for the crime of sentencing, the absence of any force to take into account the motive for the crime of sentencing, the repetition of the same crime, the large amount of damage and the recovery of damage (unrefluent circumstances), the scope of sentencing recommended in the sentencing guidelines [4 months in the basic area of punishment of embezzlement - 1 year and 4 months], the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions of the defendant's age, character and conduct, etc.