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(영문) 창원지방법원 마산지원 2016.09.27 2016고단685

횡령

Text

A defendant shall be punished by imprisonment for four 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

1. On October 15, 2015, the Defendant discovered seven persons, such as the victim C, D, E, F, G, H, I, etc., who were transferred to the Agricultural Cooperative Account in the name of the Defendant at the Masan-si branch located in Changwon-si, Seoul Special Metropolitan City, the Defendant embezzled the total amount of KRW 7,450,00 among them by withdrawing in cash and using personal living expenses or business funds, etc.

2. On October 19, 2015, the Defendant discovered the amount of money transferred to the national bank account (Account Number: L) in the name of the Defendant in the name of the sales of false goods by four persons, such as the victim K, etc., at the location of the K non-national bank located in Yongsan-si, Changwon-si, Busan-si, the Defendant embezzled the amount of money distributed to the national bank account in the name of the Defendant. On his/her own initiative for the victims, the Defendant voluntarily withdrawn the sum of KRW 1.6 million from cash to use it as personal expenses or business funds.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each statement of I, C, D, E, F, G, H, M, N,O, and K;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., the facts against the instant crime, the victim D, E, F, G, and I that the said victims do not want the punishment of the Defendant under an agreement with the victim D, E, G, and I, and the first offender without any previous criminal record);