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(영문) 서울동부지방법원 2017.11.15 2017고단845

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From January 201 to September 21, 2015, the Defendant was in charge of the duties of the Secretary-General and the head of the administrative office in the victim incorporated in Seocho-gu Seoul Metropolitan Government C, and the Defendant was in charge of D affairs including revenue and expenditure.

1. On February 23, 2015, the Defendant received KRW 111,370,000 from the special sanitary education students conducted in D from around February 23, 2015 to August 11, 2015, and used KRW 15,732,00 among them for personal purposes, such as living expenses, etc., for the victim.

2. On March 15, 2015, the Defendant issued a false receipt from a printing group’s model for teaching materials used in D, and received false receipts, as if the Defendant paid the amount of teaching material expenses equivalent to the same amount, the Defendant intended to withdraw and use the money from the account in the name of “E (D),” and used the money for living expenses, etc. on March 16, 2015, by withdrawing KRW 5 million from the point of non-bank branch of the National Bank around March 16, 2015, as indicated in the attached list of crimes, from around that time to May 15, 2015, the Defendant used the amount of KRW 44,350,000 for the total amount of money from the above account as teaching material expenses in the same manner eight times from that time to May 15, 2015, and consumed it for personal use, such as living expenses.

Accordingly, the defendant embezzled 60,082,00 won in total of the victim's property while on duty.

Summary of Evidence

1. Legal statement of the defendant (six-time date);

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

1. Application of Acts and subordinate statutes to the investigation report (specific amount of embezzlement);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) (including inclusive) of the Criminal Act concerning the selection of punishment for the crime, and the choice of 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (determination of sentence), six months of imprisonment, two years of suspended sentence, and one year of community service (former imprisonment: one year of imprisonment), the defendant's age, sex, family relationship, and the following circumstances.