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(영문) 부산지방법원 2015.06.03 2014고단9103

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From around 2008 to November 201, 2013, the Defendant has been engaged in the management of the said company’s funds while working in the victim (state) D located in Busan Shipping Daegu Building 413.

On May 26, 2009, the Defendant received KRW 650,000 of tuition fees for E instructors dispatched to Yangdong Elementary School from Yangdong Elementary School to Busan Bank account (F) in the name of E, and withdrawn them on the same day and used them for personal purposes, such as living expenses. From April 17, 2009 to February 8, 2013, the Defendant arbitrarily withdrawn KRW 28,010,000 in total by the same method and used them for personal purposes, such as living expenses.

The Defendant, including this, embezzled total of KRW 117,156,00 of the victim’s funds from April 17, 2009 to October 26, 2013 by using them for personal purposes, such as living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes on details of transactions of passbooks, details of partial damage, data on banking transactions, and details of passbook transactions;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Suspension of execution under Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides a written agreement with the victim on the premise that the victim and the embezzlement amount is KRW 370,000,000,000,000, out of the total amount of damage to the victim, the Defendant, prior to the institution of prosecution of this case, appears to have the attitude of deceiving and opposing the victim to commit the crime; and that part of the amount of damage to