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(영문) 의정부지방법원 고양지원 2014.11.28 2014고단1526

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has served as a general secretary of the D organization whose members are victims C, etc.

The Defendant, from September 2008 to September 2010, kept the total amount of KRW 20,028,291 paid by six members of D organizations, such as the victim C, in the Defendant’s new bank account (F) in the Defendant’s wife E name, and embezzled it at his/her own discretion.

Summary of Evidence

1. Defendant's legal statement (second time);

1. C’s statement of police;

1. Regulations (D Organizations);

1. Application of Acts and subordinate statutes on account transactions in new banks;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation]: The sentence was imposed by taking account of the following circumstances: (a) the basic area (4 to 14 months) of category 1 (100 million won) [decision of sentence] and the personal faith of the two persons, and the damage was not recovered; (b) the Defendant, who was locked after committing the crime, was committed at a disadvantage; (c) the Defendant committed the crime due to the aggravation of the economic situation of the Defendant; and (d) the Defendant, who made a confession and made a confession late.

It is so decided as per Disposition for the above reasons.