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(영문) 대전지방법원 천안지원 2014.04.17 2013고단1470

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to four years of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Support of the Daejeon District Court on September 11, 2013, and the said judgment became final and conclusive on December 19, 2013, and served as a staff member of the victim social welfare foundation D who was represented C from January 1, 2012 to October 30 of the same year; and

2. From October, 201 to May, 2012, the construction cost and material cost management was supervised by the building E, and around May, 2012, the Plaintiff received part of the construction cost deposited from the public health clinic in the account of the victim corporation as a subsidy for the said construction, and then received cash refund from the public health clinic in the company related to the construction, and embezzled KRW 1,70,000,000 from May 9, 2012 to the F representative G, a party related to the said construction, received cash refund of KRW 8,310,00,000 from that time, and thereafter, received 50,110,000 won more than five times from that time until 14th of the same year as indicated in the attached list of crimes, and embezzled for personal consumption of KRW 30,50,000 for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Recording notes, tax invoices, investigation reports (the calculation of the amount of damage), data submission and/or reference data submission / Telecommunications between the person for reference and the J/Reference Witnesses/K/Reference Witnesses), and investigation reports (the calculation of the amount of damage);

1. Previous records of judgment: The application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the relevant criminal facts (the choice of imprisonment with labor, covering the facts of each business embezzlement on the market);

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;