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(영문) 창원지방법원 2016.09.22 2016고단1957

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

From July 1, 2014 to January 14, 2016, the Defendant: (a) was engaged in the business of managing a speculative account in the name of the head of C (D) in the name of the head of C (S) where the remainder of the distribution of the sale of real estate is deposited from the tax office of C (S) in the city of Chang-si, the Defendant kept the scrapped money, the remainder of the distribution of the sale of real estate, the money remaining after the sale of real estate, and the money collectible in the vehicle number plate.

On November 26, 2014, the Defendant embezzled KRW 121,614,360 in total by the aforesaid methods over 18 occasions from November 26, 2014 to January 14, 2016, including the transfer of KRW 753,740 from the Hamnam’s Doci account to the Defendant Agricultural Cooperative (E)’s Agricultural Cooperative (E) and then using the credit card payment and the repayment of loans around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to accusation (including accompanying documents);

1. Article 356 of the Criminal Act and Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] 2 types (10 million won to less than 500 million won) [the person who has been specially mitigated] [the period from June to two years] in the mitigation area (the person who has been specially mitigated], or where considerable damage has been restored [the circumstances that take into account the determination of sentence] - basic matters: The details and methods of the crime, the amount of damage, etc. - unfavorable circumstances such as disadvantageous: The fact that there is a high possibility of repeatedly embezzlement of public funds against the public confidence in the public as to the integrity and compliance of public officials' integrity; the fact that damage amount has been refunded; the fact that the public funds have been repeatedly embezzled; the fact that the person has been removed from office under the disciplinary action in this case; one year