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(영문) 대전지방법원 홍성지원 2016.01.13 2015고단1067

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as a cooperative for the military industry from May 14, 2010 to September 11, 2014, was engaged in the storage and storage fees of fishery products, sales of fishery products, and sales of fishery products, which fishermen, such as the above members of the cooperative, etc. request.

On June 3, 2013, the Defendant received KRW 4,437,00 from Dogcheon-gun Industrial Cooperative located in Seocheon-gu, Seocheon-gu, Seocheon-gun, Chungcheongnam-do, and consumed KRW 4,437,00 for personal purposes, such as repayment of Defendant’s personal loans, on the same day, while he/she was in business custody for the said company.

In addition, the Defendant, from May 26, 201 to September 20, 2014, arbitrarily consumed a total of KRW 24,388,000 on nine occasions, as shown in the list of crimes, and embezzled the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A complaint;

1. A list of customer information inquiries;

1. Three copies of the reference of transaction details;

1. A summary of each respondent of the settlement of disputes;

1. A written statement of calculation of the coolant fee;

1. A certificate;

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

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in attached Table 1 No. 500, the most severe punishment for concurrent crimes);

1. The reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the defendant reflects the defendant, and the damaged person does not want to be punished against the defendant, and there is no record of punishment heavier than a suspended sentence) [Scope of applicable sentences under law] from one month to 15 years of imprisonment (applicable to sentencing guidelines]: the type of embezzlement breach of trust, the type of special sentencing factor (based on the sum of profits, the amount of less than 100 million won) is recommended in the area of damage (a mitigation factor).