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(영문) 의정부지방법원 2015.06.16 2014고단2949

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant has been engaged in the management of corporate public funds as a management of corporate public funds between January 6, 201 and December 24, 2013.

On January 6, 2011, while the Defendant was in custody for the victim’s public funds at the victim’s office, he withdrawn KRW 300,000 on January 26, 201 from the corporate passbook under the victim’s name in cash, and used it in mind as the Defendant’s living cost at that time.

From the above to December 24, 2013, the Defendant embezzled total of KRW 186,379,858 out of the victim’s public funds over 244 occasions as shown in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Statement to E by the police;

1. A statement of transactions of collection of agricultural cooperatives, and a statement of transactions of collection of national banks;

1. A criminal investigation report (Submission of a suspect's account transaction statement);

1. Application of the Acts and subordinate statutes governing cash receipts and disbursements in 2011, 2012, and 2013;

1. In light of the pertinent legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act’s reason [the scope of recommending punishment] [the scope of punishment] 2 types [10 million won to 50 million won] (1-50 million won] (the decision of sentencing] 1 year to 3 years [the decision of sentencing] imprisonment with prison labor for 1 year is that the Defendant embezzled approximately KRW 186 million in total over 24 times for 24 years, while in charge of accounting duties, the Defendant embezzled approximately KRW 186 million in total. In light of the period of the crime, frequency of the crime, and amount of embezzlement, etc., the nature of the crime is considerably poor in light of the crime, and the damage recovery was not made at all.

However, the first offender who has no record of criminal punishment, two married children after divorce, seems to have started to commit the crime of this case due to economic difficulties, etc., and the state of health, such as mental health and medical treatment, is not good due to depression, etc., and the age of support to be provided.