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(영문) 창원지방법원 통영지원 2016.11.10 2016고단1208

업무상횡령

Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the general secretary of the victim CC D clan, who is engaged in the management, etc. of the funds of the above clan.

On July 31, 2014, the Defendant received KRW 78,00,000 from the purchase price of the land owned by the same clan (Seoul High-gun E) and used KRW 5,000,000 for the purpose of repaying personal loans on August 5, 2014, and used KRW 32,087,106 for all up to 48 occasions as shown in the list of crimes in the attached Table, from that time, for personal use irrelevant to the said clan, while carrying out business for the said clan in the account under the name of the Defendant.

Accordingly, the defendant embezzled 32,087,106 won of the victim's clan, which was in his/her business custody.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to criminal investigation reports (attached to materials submitted by suspects);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the range of recommending punishment] category 1 (100 million won) (1 to 10 months) is mitigated (1 to 10 months), a person who is subject to special mitigation is not subject to punishment, or a significant damage is recovered;

2. For specific reasons for sentencing, it appears that the defendant should not have committed a crime against his wrong act and repeat a crime (the head of a Tong in the name of the victim clan and deposit money owned by the clan into the above account) and that the defendant would not have committed a crime. It is so decided as per Disposition on the ground that the defendant was sentenced to punishment by taking into account the defendant's age, character and behavior, environment, circumstances leading to the crime, means and result, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc.