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(영문) 서울중앙지방법원 2016.04.08 2015고단7847

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 1, 201 to February 28, 2014, has been engaged in the storage and management of membership fees of the Korean Tribunal of the Victims C University as the Secretary General of the Korean Tribunal of the Victims C University from March 1, 2011.

On November 1, 2012, the Defendant embezzled KRW 49,60,000,000 deposited in the account (number : F) of Korean bank account in the name of the entire club of C University in the second half of the year 2012 from the official brokerage office operated by the Defendant, Gangnam-gu Seoul Building No. 114, to use it for personal purposes, such as remitting KRW 20,000,000 to H, and performing its obligations, from that time, from November 7, 2012 to November 7, 2012, the Defendant used KRW 49,600,000 for personal purposes, as indicated in the attached list of crimes, from that time, to July 2012.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written Statement;

1. A written complaint and K certificate;

1. The defendant asserts that the total amount of the budget settlement, the details of entry and withdrawal transactions (C's total meeting), the new bank account under each suspect's name, the national bank account under each suspect's name [the defendant's embezzlement amount to KRW 47,307,770. However, according to the evidence in the above, the defendant can be sufficiently recognized to transfer the total amount of KRW 49.6 million deposited in the Korean bank account under the name of C University to the national bank account under the name of the defendant and use it for personal purposes];

Application of Statutes

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Class 1 (100 million won) of the mitigated area (one month to ten months) [the person who has been specially mitigated] of the mitigated area, or the case where significant damage has been restored [the decision of the sentenced sentence] of the suspended sentence, the fact that the defendant generally acknowledges and reflects the wrong, and that the defendant agreed with the victim.