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(영문) 대전지방법원 홍성지원 2018.01.10 2017고단823

업무상횡령등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. From March 10, 2017 to May 12, 2017, the Defendant: (a) stated “D”, “C elementary school in the Account Number column” and “C elementary school” in the name column in the Nongcheon-gun, Chungcheongnam-gun, the Defendant forged the private document under the name of the head of the administrative office E by arbitrarily sealing the private document in the name of the Ministry of Administration; (b) forged the private document under the name of the Ministry of Administration E with the seal affixed to the Nong-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant used the private document in the name of the said office; and (c) forged the withdrawal slip under the name of E, a private document in the name of the said office, 10 times in total, as in the name of the Nong-gun, which was in his/her custody, from around 2017 to around 12, 2017.

2. The Defendant, who was occupational embezzlement, has been engaged in the work of assisting the accounts of the said C elementary school as the F belonging to the Office of Education of Chungcheongnam-do from March 1, 2015 to May 1, 2017.

The defendant kept in custody for a victim on March 10, 2017 at the Nonghyup Bank located in Seocheon-gun, Chungcheongnam-gu, Chungcheongnam-do, and Eup/Myeon, Chungcheongnam-do on his/her duty.

C In order to arbitrarily withdraw 1,500,000 won from the Agricultural Cooperative Account in the name of an elementary school and use it for the purpose of personal debt repayment, etc., and from around that time to May 12, 2017, the victim’s property, which was in the business custody, was embezzled by arbitrarily withdrawing 19,614,181 won from the said Agricultural Cooperative Account from 10 times to 10 times as shown in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, a detailed statement of deposit transactions, and a copy of the withdrawal slip;

1. Relevant Article 356 of the Criminal Act, Articles 355(1) (the point of occupational embezzlement), Article 231 of the Criminal Act (the point of the foregoing Article of private document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), the selection of punishment for imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act, and others.