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(영문) 서울남부지방법원 2017.05.11 2016고단6461

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from May 2015, kept membership fees, etc. paid by members as the general secretary of the Council of member stores B from around May 2015.

On May 18, 2015, the Defendant embezzled KRW 6 million, including membership fees deposited into the bank account in the name of the Defendant in the name of the Defendant, which was used for the said council’s operating fund account in a closed place, from May 18, 2015, from that time to February 11, 2016, by withdrawing the sum of KRW 5,629,000 from that time to that of the Defendant’s bank account in the name of the Defendant, and using it for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Type 1 (100 million won or less) [the person who has been specially mitigated] mitigated area (one month or ten months or more) [the person who has been specially mitigated] The decision is delivered with the order on the grounds that the defendant is against the instant crime for 80 hours during the 2-year suspension of the execution of August, and the community service order was committed for 80 hours in prison, and there was no criminal conviction heavier than the fine, and that a significant damage has been recovered.