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(영문) 의정부지방법원 2015.12.01 2015고단4172

업무상횡령

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, while serving as the Secretary General of the Third Eastern Session from January 5, 2011 to December 2014, has been engaged in the management and enforcement of KRW 384,320,000 in total of the admission fees paid by C new students from January 5, 201 to October 16, 2014.

On January 12, 2011, the Defendant transferred KRW 4,00,000 from the account in charge of managing the above general documentary membership fee at the Yancheon-si branch of the Yancheon-si, 93 Seoul Metropolitan City to the account of the Defendant’s Agricultural Cooperative (CF) account, and used it for personal purposes, such as financial institution’s debt interest, living cost, etc.

From December 12, 2014, the Defendant spent total of KRW 230,869,348,000, in total, 190 times, as indicated in the attached list of crimes, by December 12, 2014.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, H, I, J, and K;

1. A detailed statement of admission to and withdrawal from the admission fee;

1. Details of the same membership fee account and documentary evidence of disbursement that coincide, and the details presumed to be normal execution in light of the place of use, and the written basis for arranging the above details;

1. A statement of disbursement of the supporting fee not verified in the account for the supporting fee, and a written basis for arranging the details thereof;

1. Documents related to the remittance of membership fees;

1. Application of Acts and subordinate statutes to a detailed statement of ascertaining the amount of embezzlement compared with the amount of evidential data used and the account payment;

1. Relevant legal provisions for criminal facts and Articles 356 and 355(1) of the Criminal Act for sentencing [the scope of recommending punishment] 2 types [10 million won or more (1-50 million won)] (1 to 3 years) of the basic area (1 to 50 million won) of the Criminal Act (a decision of sentencing] [a decision of sentence] imprisonment with prison labor for a year and 2 months: There is no record of criminal punishment in addition to a fine imposed for a violation of the Road Traffic Act in 2002; there is no record of criminal punishment; the defendant's personal funds after committing a crime are used as expenses for the execution of the same sentence.