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(영문) 서울중앙지방법원 2017.06.15 2016고단3737

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From May 1, 200 to December 30, 2015, the Defendant served as an accounting position in Seoul Special Metropolitan City E and F, and was in charge of accounting, receipt and disbursement of funds.

While the Defendant kept the F Management Funds in the above F Office E, a national university corporation E, in the course of business, around April 5, 201, he arbitrarily used 241,130 won from F’s revenue account (CF) to F’s new bank account (H) in the name of the Defendant and used it as living expenses, etc. during the period from around that time to May 14, 2015, and embezzled 47,450,852 won in total over 20 times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Statement to I;

1. Application of Acts and subordinate statutes on the details of account transactions, transfer lists, data submitted by complainants agents, daily cash receipt and disbursement books, copies of bankbooks, and account transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the choice of criminal facts;

1. The reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act: The sentencing guidelines for embezzlement, breach of trust, Type 1 (the sum of profits is less than 100 million won), basic area, period of imprisonment from April to April is most important than anything else, and the defendant's transparent accounting management as an accounting employee. However, it is necessary to make a corresponding punishment by embezzlement of 47 million won by mixing personal funds and F funds for personal purposes.

After the defendant used F funds for personal purposes, some of them were returned to F in the manner of deposit with F's income. After the closure of trial, 30,358,352 won was remitted to F's account and the damage corresponding to the amount of embezzlement seems to have been restored. The defendant was aware of the crime of this case, and the defendant was the first offender with no record of crime.

In addition, the sentencing conditions, such as the defendant's age, sex, family relationship, criminal records, the background of this case, and the future progress, shall be comprehensively taken into account.