업무상횡령
1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
The Defendant is the president of the “B Cooperatives” association.
On December 11, 2012, the Defendant, while receiving 250 million won as a contract deposit to be paid by the victim C to DF from DF to the account in the name of DF, and having paid 30 million won to E on November 25, 2013 as a repayment of its rice purchase cost, and embezzled 100 million won at will from November 9, 2013 to December 9, 2013.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police officer on F;
1. Application of the Acts and subordinate statutes in each of the agreements, copies of a letter of commitment, certificate of remittance, current status of transfers, copy of the contract, etc., copy of the statement of transactions in each passbook, and each investigation report (as of 142, 144 pages of investigation records);
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. The scope of applicable sentences: Imprisonment for one month to ten years;
2. Sentencing Criteria [Determination of Punishment] Group of Embezzlement Misappropriation, Type 2 (at least KRW 100,00, but less than KRW 500): Basic area: Imprisonment with prison labor for a period of up to three years: None of special mitigation factors / None of special aggravation factors:
3. Determination of sentence: One year of imprisonment; and
4. Whether a suspended sentence is suspended or not: 2 years of the suspended sentence [main reasons for the suspended sentence] positive: Unagreement (General reasons for writing): Clear social relation clear, serious reflectivity, criminal proceeds have been used in the partnership's operation, and there is no personal benefit, and 40 million won has no negative repayment: (comprehensive comparative assessment] There are more than one positive reasons than one positive reasons, but more than four positive reasons for the negative general reference are more than four reasons for the negative general reference. Therefore, these factors are considered comprehensively.