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(영문) 부산지방법원 동부지원 2017.05.31 2017고단513

업무상횡령

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From September 11, 2014 to March 23, 2015, the Defendant is from Dpool C’s faculty members located in Busan District, and from April 1, 2015 to March 23, 2015, the same year.

7. A person who had been in charge of the business of working as the head of the Sposium from Fposium E until around 30.30 to Fposium E, selling a plaque, etc. to New Dos and collecting the sales proceeds.

On March 23, 2015, the Defendant embezzled the sum of KRW 45,230,000,000, which was collected from Newdo teachers for personal purposes, as shown in the list of crimes in the attached Table between around that time, and around July 30, 2015, as in the list of crimes, during the course of performing duties for the victim’s “H”, the Defendant embezzled the sum of KRW 1,40,000,000, which was collected from 8 newdo teachers for the said victim, for personal purposes while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the protocol of statement to J

1. Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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. The grounds for sentencing [the scope of recommending punishment] under Article 62(1) of the Criminal Act (the agreement with the victim, and the defendant's mistake is recognized) of Article 62(1) of the Suspension of Execution Act (the scope of recommending punishment] [the prosecutor's opinion] that there is no person subject to special sentencing] [the prosecutor's opinion] under Article 51 of the Criminal Act [the total amount of KRW 45 million for the two years subject to suspended sentence] under 1 year of imprisonment [the decision of sentencing] under Article 62(1) of the Criminal Act (the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and result of the crime, the circumstances after the crime, etc. are considered.