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(영문) 광주지방법원 목포지원 2016.10.14 2016고단608

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant was in the position of keeping funds deposited in the victim's benefit payment account (Corporate Bank C) as employees of a limited liability company B, while taking charge of material management and benefit payment business.

The Defendant had the intent to embezzled the funds of the victim by transferring the money in the name of the benefits to the Defendant’s account or by raising his own benefits at the Defendant’s option.

On April 25, 2014, the Defendant embezzled KRW 720,000 from the above business bank account that the Defendant kept in his/her business to the account of community credit cooperatives (E) of the Defendant, thereby arbitrarily consuming it for personal use.

In addition, from that time to November 25, 2015, the Defendant arbitrarily transferred total of KRW 32,079,500 to the account in which the Defendant used and embezzled it for personal purposes, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Inquiry into the result of payment transfer;

1. Details of the embezzlement and arrangement;

1. Details of accounts of community credit cooperatives;

1. Application of Acts and subordinate statutes to a report on investigation (related to revision of a list of crimes);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] Embezzlement Types 1 (Special Convicts less than 100 million won): - Where significant damage has been recovered: [Determination of the recommended area] mitigation area / [Scope of Recommendation] from 1 month to 10 months [general person] from 1 month from 10 months from 10 months from 30 months from 30 months from 30 months from 30 years from 10 years from 30 years from 10 years from 30 years from 10 years from 10 years from 200