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(영문) 서울북부지방법원 2016.02.19 2015고단4153

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person who works as a secretary at a certified judicial scrivener office in Seoul Special Metropolitan City, Nowon-gu and the second floor, and has been engaged in registration and accounting affairs.

Around April 9, 2015, the Defendant received a request for the registration of donation from the victim E and embezzled KRW 44 million to the Agricultural Cooperative account in the name of No. D for the purpose of business management. Around that time, the Defendant used registration expenses separate from the prescribed purpose of use, his/her debt repayment, etc., and embezzled KRW 9,412,080 for the purpose of business management by receiving a request for the registration of donation from the victim F from the above office on May 22, 2015, and transferred KRW 9,412,080 to the said Agricultural Cooperative account in the course of business management. Around that time, the Defendant embezzled arbitrarily consumed and embezzled for his/her debt repayment, etc., unlike the prescribed purpose of use.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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. In light of the following: (a) the Defendant’s criminal liability is not exceptionally against the Defendant’s criminal liability, in a case where: (b) the Defendant is engaged in accounting duties by embezzlement in an opportunity to perform his/her duties; (c) the amount of damage is not certain; and (d) the victim did not reach an agreement with the victim; and (c) the victim was seeking the punishment of the Defendant.

However, the defendant's attempt to commit the crime of this case is divided into errors, the defendant is the first offender, and the defendant has made substantial efforts to operate a certified judicial scrivener office. Rather, the amount lent to the victim is 1.20 million won or more, it seems that it would be possible to pay substantial damage. In addition, the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime are shown in the arguments of this case.