업무상횡령
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
From January 2015, the Defendant had been engaged in the clients’ registration and civil affairs as an agent at the “Certified Judicial Scriveners C office” in Incheon Nam-gu, Incheon, 402.
In the process of performing the registration of ownership preservation on the newly built real estate of 1909 square meters of building E in Kimpo-si, Kimpo-si, 1909 by being entrusted with the registration of ownership preservation by the victim, the Defendant was willing to use the acquisition tax necessary for the registration of ownership preservation, the payment of expenses, etc
Thus, around January 21, 2015, the Defendant received a total of KRW 56,900,000 from the victim to the Agricultural Cooperative Account under the name of C judicial scrivener and kept it. On the same day, around 10:54 on the same day, the Defendant transferred it to the Agricultural Cooperative Account owned by the Defendant and consumed it for personal purposes, such as its repayment of debt and cost of living.
As a result, the defendant embezzled the property of the victim who was in custody on duty.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to the transaction statement and copy of passbook;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;
2. The grounds for sentencing [the scope of recommending punishment] under Article 62(1) of the Criminal Act [the grounds for sentencing in consideration of the following favorable circumstances] Article 62(1) of the suspended sentence [the scope of recommending punishment] Article 1 of the mitigated area (less than 100 million won) [1-10 months] [the person subject to special mitigation] [the decision of sentencing] is against the defendant's wrong decision, the defendant has agreed smoothly with the victim, and the previous convictions of fines are considered. The sentence