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(영문) 대구지방법원 의성지원 2013.08.22 2013고단151

업무상횡령

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 6, 2011, the defendant is a person who was employed as the head of the management support team in charge of general affairs, accounting, and purchase affairs around September 2012.

The victim company was unable to conduct normal business due to the completion of the registration of the golf course, and the private letter established within the golf course is also impossible to register the business and report the business in the name of the victim company, and E, the representative director of the victim company, concluded a lease contract to lease the private letter from the victim company in the form, and subsequently borrowed the name of the defendant and reported the business registration and the business in the name

On May 13, 2013, the Defendant transferred KRW 195,860,00,000 from scambling to another agricultural cooperative account (G) in his/her name, while keeping the profits of golf clubs operated by the victim company in the course of business in the Agricultural Cooperative account (F) in the name of the Defendant, and then deposited the full amount of KRW 50,00,00 in cash at the NA-si Central Branch of Jinju-si located in Jin-si, and embezzled it by consuming it for personal purposes from around that time to June 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to accusation centers, lease agreements, sales account books, and sales report certificates;

1. Grounds for sentencing under Articles 356 and 355 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Articles of the Criminal Act concerning the facts constituting an offense;

1. Imprisonment with prison labor for a period of one month to ten years;

2. Application of the sentencing guidelines [decision of types] Embezzlement Offense of Embezzlement Offense of Embezzlement Offense of Misappropriation, Type 2 (at least KRW 100,000, less than KRW 500] None [the scope of recommendation] [the scope of recommendation] / In the case of embezzlement, one year or more [the person in general] / [the main reason for the suspension of execution] / no agreement [the reason for the suspension of execution of execution of sentence] / no effort to recover damage [the reason for the suspension of execution of sentence of general participation] / there is no criminal record of suspended execution of sentence or more.