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(영문) 대전지방법원 2017.09.01 2017고단1323

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From around 2003, the Defendant has been engaged in the business of managing funds of the victims of the Victim C as the president of the Victim C clan.

Around September 4, 2003, the defendant was entrusted with the custody of KRW 140 million in funds owned by the victim of the clan from the victim of the clan for expenses, such as a clan trial system and a camping association, and on September 4, 2003, on the part of the defendant's regular deposit account (Account Number: D) in the name of the defendant on September 4, 2003, on January 8, 2004, 50 million won in the Nong Bank's regular deposit account (Account Number: E) in the name of the defendant, and on January 19, 2004, deposited KRW 40 million in the Nong Bank's regular deposit account (Account Number:F) in the name of the defendant of the defendant on January 19, 204, each of the above loans of KRW 50 million in the amount to KRW 160,000,000 in funds deposited by the defendant on the security of the deposits in the Nong Bank, and embezzled the above loans of KRW 1.5 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of each certificate of account balance;

1. Application of each Act and subordinate statutes to written confirmations for financial transactions;

1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the selection of punishment, grounds for sentencing of sentence [the scope of recommendation] Type 2 (not less than KRW 100 million but less than KRW 500 million) (one to three years) in the basic area (one year and one year), and there is no person [the person subject to special sentencing] [the determination of sentence] reflectivity, scope of embezzlement, Defendant’s age, initial crime, etc.