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(영문) 광주지방법원 장흥지원 2016.05.19 2015고단74

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, from June 2012 to June 2014, was in charge of the finance of the Victim (g) B Council of the Republic of Korea, and has been engaged in the affairs of managing and executing the membership fee of the said Council.

The defendant was in the custody of the above membership fee for the victim while managing the passbook of the Nonghyup Bank Account under the name of the Council (g)B, in which the members of the Council transferred the membership fee.

On October 31, 2013, the Defendant embezzled the victim’s property by voluntarily consuming an amount equivalent to KRW 13,492,110 in total over 12 occasions by the same method as indicated in the list of crimes in attached Form 1, from around May 21, 2014, from around 12 times to around May 21, 2014, after withdrawing KRW 5,000 in cash from the agricultural cooperative branch located in Seoul Special Metropolitan City, Seoul Special Metropolitan City, Seoul Special Metropolitan City, by using the said passbook.

Summary of Evidence

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

1. Statement made by the police against C;

1. A complaint;

1. A criminal investigation report (a detailed statement, etc. of passbook transactions);

1. Application of Acts and subordinate statutes to the full statement of transactions in a passbook, audit report, and comprehensive details of annual revenue in 2013-2014;

1. As a whole, Article 356 and Article 355(1) of the Criminal Act relating to criminal facts and Article 356 and Article 355(1) of the Criminal Act, there is no person [the scope of recommending punishment] in the basic area (4 months to 100 million won) (4 months to 100 million won), and there is no person who is subject to special sentencing [the sentence] [the sentence] unfavorable circumstances: the defendant embezzled membership fees remitted by the members of the victim as an employee of the victimized person and embezzled the membership fees remitted by the victim as a traffic accident agreement; the amount reaches 13,492,110 won; the amount did not reach an agreement with the victim; the damage appears to have been almost not recovered; the defendant did not have the record of punishment for the same kind of crime; and the defendant appeared in the pleadings of this case, such as the defendant's age, character, environment, health status, motive and consequence of the crime, and the circumstances after the crime.