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(영문) 수원지방법원 성남지원 2015.07.22 2015고단648

업무상횡령

Text

1. Defendant A shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants and D by the prosecution

1. Statement of the police statement of E;

1. Details of improper use of general management expenses, reserve funds, and expenses other than management;

1. The current status of revenues and expenditures of operating expenses of the representative meeting;

1. Details of payment of extended and holiday work ledgers, copies of work ledgers, and allowances;

1. Copy of a written resolution for payment of traffic expenses and of the food ledger;

1. Payment resolution, other than general management expenses;

1. Provisions concerning payment of welfare expenses;

1. Application of Acts and subordinate statutes to each copy of the register of business trips;

1. Relevant Articles 356, 355 (1) (the point of occupational embezzlement, the choice of imprisonment), 356, 355 (1), and 30 (the point of joint occupational embezzlement, the choice of imprisonment): Defendant B: Articles 356, 355 (1), and 30 (Selection of Fine) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A [Scope of Recommendation] Type 1 (100 million won) basic area (4 to 1 year and 4 months) [Special Mitigation (Aggravated Punishment)] where the penalty is not imposed, or significant damage is recovered / In a case where the method of the number of crimes is very poor, [decision of sentence] 2 years of suspended sentence of imprisonment with prison labor for 8 months (the act of the Defendant was committed in favor of the residents who elected him as his representative and took advantage of his personal interest, and thus the nature and circumstances of the crime are not good, but the damage was recovered in full at the latest and late, including the fact that it reflects the mistake, and all other circumstances constituting the conditions of sentencing, such as the age, character and behavior, occupation, living environment, motive, means and result of the crime, etc.)

2. Defendant B’s act is partly the act of embezzlement of principal offender without recognizing the status as auditor.