beta
(영문) 서울동부지방법원 2018.10.24 2018고단2682

업무상횡령

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

around December 2, 2016 to March 8, 2018, the Defendant served as the victim C management staff in Songpa-gu Seoul Metropolitan Government, and was in charge of overall fund management.

On July 31, 2017, the Defendant managed the Defendant in his/her duties at a D office around July 31, 2017.

D Withdrawal KRW 1,00,000 from the one bank account in cash, and the custody amounting to KRW 700,000,000 during which the money was transferred to the Defendant’s Credit Union account, and KRW 300,000,000 was held in cash around that time, and then embezzled KRW 36,49,000 from that time until February 27, 2018 by arbitrarily consuming KRW 36,49,000, such as the Defendant’s daily list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. C Application of the statutes governing each statement protocol;

1. Penalty provisions: Each Criminal Code 356 and 355 (1) (Selection of imprisonment with prison labor);

1. Aggravation of concurrent crimes: The sentencing reasons for the sentencing under Articles 37 and 38 of the Criminal Act [the types] [the sentencing reasons for embezzlement and breach of trust] [the scope of recommendation and decision of a high-ranking sentence] [the basic area], four months to one year and four months [the general sentencing factors] - There are no records of criminal punishment - Where the crime is committed for a considerable period of time [the decision of the sentence] together with the general sentencing factors for embezzlement [the decision of the sentence] where the crime is repeated for a considerable period of time, and no damage has been recovered, the principal sentence shall be determined by comprehensively taking into account the sentencing circumstances, such as embezzlement and breach of trust (the decision of the type], and the punishment shall be imposed