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(영문) 대구지방법원 2016.07.08 2016고합259

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From November 1, 2006 to April 2, 2015, the Defendant was an employee in charge of custody and enforcement of the Victim D's D's Unclaimed Branch Office in the Daegu-gu Seoul Dong-gu, Daegu-gu, as an employee in charge of accounting of the Victim D's D's Unclaimed Branch Office, and the Scholarship Fund and the Cooperation Fund.

The defendant, on July 1, 2009, deposited the scholarship fund into a post office deposit account (E) with the victim's name and used it to withdraw KRW 11,00,000,000 while in the course of performing his duties, and appears to be a clerical error in the indictment, stating that "the defendant deposited the scholarship fund into the deposit account of the Daegu AFFFFFF under the victim's name on April 27, 2009 and then withdrawn KRW 10,00,000 while in the course of performing his duties."

From that time until April 9, 2015, a total of 554,511,30 won was embezzled by arbitrarily withdrawing and using the scholarship fund and the mutual aid fund in total of 67 times, as shown in the list of offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report on investigation (attached to data submitted by a complainant agent, and detailed statement on transactions in A account of a suspect submitted by the complainant agent;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act concerning the crime in question;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for a year and six months to three years [the scope of the recommended punishment] and the mitigation area (one year and six months to five billion won) (one year and five years from one year and six months from one year and five years from one year and five years from one year and five years from one year and three years from one year and three years from one year and three years from one year

3. Determination of sentence: Two years of imprisonment, three years of suspended sentence, and one hundred and sixty hours of community service (unfavorable circumstances) are six years in charge of receipt and disbursement of money as accounting personnel.