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(영문) 수원지방법원 안양지원 2014.01.07 2013고단1420

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 199, the Defendant has been engaged in the assignment of dormitories, management of dormitory expenses, etc. to the students who are public officials of Grade VII belonging to the Central Public Officials Education Center B who are victims of 118 as the Gyeonggi-si Education Center.

On February 2, 2010, the Defendant received 1680,000 won under the name of dormitory expenses and food from 13 persons other than C, who entered the curriculum of the Central Public Officials Education Center (the period from February 1, 2010 to December 12, 201) from the said Central Public Officials Education Center (the period from February 1 to 12, 2010) and kept it in cash, and used it for personal purposes by day, such as leave expenses, tea expenses, and personal storage at the above Central Public Officials Education Center.

From around that time to May 24, 2013, the Defendant spent 42,928,500 won in mind by receiving cash from students under the name of dormitory expenses and food stand, as shown in the attached list of crimes, and by not depositing it into the account of the said Central Public Officials Education Center.

Accordingly, the defendant embezzled the victim's property on duty.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that no previous conviction has been taken into account in the form of imprisonment, the fact that the person commits mistake, and the fact that the full amount of the damage has