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(영문) 전주지방법원 정읍지원 2018.04.10 2017고단507

업무상횡령

Text

The punishment of the accused shall be four months by imprisonment.

except that the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from February 1, 2005 to February 1, 2005, was serving as an employee in a public service position at the high military office of the victim, and from February 7, 2016 to the same year.

9. Until December 12, 200, the victim B team engaged in the management of the deposit for the box of C youth facility facilities, the indoor swimming pool sales office, etc. in the victim B team, and engaged in the management of the bankbooks for the entry and withdrawal of the victim’s name and the agricultural cooperative account (D) and the agricultural cooperative account (E) by means of managing the bankbooks in the victim’s name or keeping them in cash.

However, around 15:56 on April 4, 2017, the Defendant withdrawn KRW 4,580,910 from the NA branch of the Nonghyup Bank G, which was deposited in the said financial account using the passbook for opening and withdrawing the said financial account, and then consumed the Defendant’s personal use, such as the payment of consolation money, according to the Defendant’s mind.

In addition, from around that time to August 16, 2017, the Defendant embezzled the victim’s property by consuming KRW 29,339,200 to the said two accounts in cash or by consuming KRW 29,339,200 to the victim’s personal purpose, such as consolation money and debt repayment, in total 40 times, as shown in the list of crimes in the attached Table of crimes, from the place of the Gowon Chang-gun, Go Chang-gun, Go Chang-gun, Chang-gun, Gowon-gun, Chang-gun, Gowon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on relevant data for unauthorized use, such as Cuser fees, details of accounts, details of receipt, and investigation reports (Submission of additional data);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentences] Type 1 (100 million won) of the mitigated area (one month to ten months) [the person who has been specially mitigated] of punishment is not subject to punishment, or a significant damage is recovered (the decision of sentencing] of the suspended sentence.