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(영문) 수원지방법원 성남지원 2016.09.23 2016고단1682

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From September 2010 to September 15, 2014, the Defendant was engaged in the business of managing tuition fees at the F Language Research Institute operated by the victim E on the victim E with D2 stories in the Suwon-si flooded area.

After receiving tuition fees, teaching material expenses, etc. from students in a private teaching institute from the Defendant’s parent G bank account (Account Number H) managed by the Defendant, the Defendant paid the above tuition fees, etc. with credit card in the name of the Defendant and received approval from the victim immediately after submitting the receipt to the victim, the Defendant intended to embezzled money by cancelling the details of the above tuition payment.

Around December 17, 2011, the Defendant received KRW 500,000 from the said FF LAC to the said G bank account under the name of tuition fees and teaching material expenses, and paid the above tuition fees by credit card in the name of the Defendant, and immediately after submitting the receipt to the victim and obtaining approval, the Defendant immediately cancelled the details of the payment of the above tuition fees and embezzled the said amount by voluntarily consuming the said amount for personal use, such as paying the card price and paying the personal debt, and embezzled the said amount from December 17, 201 to September 15, 2014 in the above manner as described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Investigation report (the specification of the amount of embezzlement);

1. Details of transactions in each passbook (the details of approval cancellation) and credit card payment receipts;

1. Application of the Acts and subordinate statutes governing transactions in G name;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (comprehensive imprisonment with labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following sentence is the same as the statement as to whether the suspension of execution is included in the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. [Scope of Recommendation] Type 2 (at least 100 million won but less than 500 million won) where mitigation area (at least 6 months to 2 years) (persons with special mitigation), non-execution of punishment, or substantial damage has been restored;

2.(Determinations of sentence) The following circumstances are as follows: