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(영문) 서울중앙지방법원 2015.11.18 2015고단5715
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. The Defendant, from December 2009 to August 29, 201, was in charge of managing the operating expenses of the said church, such as the public charges and communications expenses of the said church, while working as an executive secretary at the victim’s “C intersection” in the Gangnam-gu Seoul Metropolitan D Apartment Building Building as a victim of the said church building.

On January 17, 2011, the Defendant received KRW 110,000 from the financial division of the above church under the name of the Defendant as the passbook in the name of the bank in the name of the Defendant, and used them for living expenses or entertainment expenses in Seoul city around that time while working for the above church.

In addition, from around that time to August 23, 2011, the Defendant embezzled total of KRW 21,868,790 by using the same method 47 times from the place in Seoul Metropolitan City, as shown in attached Table 1.

2. The Defendant, from March 5, 2012 to March 17, 2012, performed duties as an executive secretary at the Victim E-Appellee Council located in Gwanak-gu in Seoul Special Metropolitan City as a victim E-Appellee, and was in charge of managing the operating expenses of the said church, such as public charges and communications expenses of the said church.

On March 8, 2012, the Defendant received 1.2 million won as the general operating expenses in the name of the church from one bank passbook under the name of the Defendant and was in custody for the above church, and around that time, used 1.2 million won as the living expenses or entertainment expenses at the Seoul Si roads around that time.

In addition, from around that time to March 17, 2012, the Defendant embezzled 12,660,000 won by consuming 12,660,000 won in the same way at the seat of the city in Seoul through five times in total, as shown in the attached list 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes on data, such as details of passbook transactions and slips;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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