업무상횡령
Defendant shall be punished by a fine of KRW 15,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant is a certified judicial scrivener who operated the "A certified judicial scrivener office" in Kimcheon-si, Kimcheon-si, from April 6, 2005, and has overall control over affairs such as registration and proxy of application for deposits.
On January 7, 2013, the Defendant: (a) delegated a lawsuit from the victim D to file a claim for ownership transfer registration of the Daegu District Court Kimcheon-si 2013da238, Kimcheon-si, Kimcheon-si, 201,00,000 won as a check; and (b) has been paid in cash for the sake of the victim; and (c) has been in custody for the sake of the victim; and (d) has violated his/her duties, the Defendant used the personal debt repayment and office operating expenses for the personal purpose at the cost of Kimcheon-si, Kimcheon-si, Kimcheon-si.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is not likely to be a crime because the defendant, who is a certified judicial scrivener, has lost his professional responsibility and personally useful expenses related to the lawsuit.
However, in full view of all the circumstances, including the fact that the defendant is against mistake, that the victim agrees with the victim, that the victim does not want the defendant's punishment, that there is no record of criminal punishment, that the public official is deemed to have served in good faith for not less than 20 years, and that the suspension of execution or higher is likely to result in disadvantage in relation to his status for a considerable period of time.