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(영문) 광주지방법원 2017.12.13 2017고단4864

업무상횡령

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From February 11, 2011 to May 24, 2017, the Defendant, as the director of the loan division of the agricultural cooperative, was in charge of the lending of mutual financial policy funds, counter service, and deposit deposit.

On December 18, 2014, the Defendant, at the above NA office located in Yong-gun, Nam-gun, Inc., the Defendant processed the repayment of KRW 40,618,630 on an electronic basis, deposited in the deposit account of the said NA customers E, and transferred the said money to the Gwangju Bank account (G) account in the name of the Defendant’s creditor, and embezzled the said money for five times from around that time to February 4, 2016, including by withdrawing KRW 180,948,630, which is in his/her business custody for the said NA, for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A detailed statement of deposit transactions;

1. Application of the Acts and subordinate statutes governing the prohibition of entering and withdrawing victims;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the punishment] six months from six months to two years;

2. Determination of sentence: Imprisonment with prison labor for one year (two years of suspended sentence), and all of the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances surrounding the crime and circumstances after the crime, shall be determined as ordered by the court.

An unfavorable circumstance: A favorable circumstance in which a person works as an employee of a financial company and embezzled money exceeding KRW 180,000,000,000, such as customer repayment: The fact that there is no record of criminal punishment except for punishment of KRW 700,000,000,000,000,000,000,000,000,000,000,000,000,000