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(영문) 인천지방법원 2018.12.20 2018고단6811
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From January 1, 2014 to December 31, 2017, the Defendant managed accounting affairs, such as general accounting and special accounting contribution, from the victim C church located in Yongsan-gu Seoul Metropolitan Government as the director of the finance division at the victim C church located in Yongsan-gu, Seoul, and was in charge of deposit and withdrawal of the company bank account D and the company bank E account.

On April 8, 2015, the Defendant embezzled KRW 156,393,650,00 from the corporate bank E account, as shown in the attached Table 2, for 83 times until January 5, 2018, when he/she kept funds owned by the victim in the corporate bank D account located in the Dong-gu Seoul Metropolitan City for the purpose of business, he/she voluntarily released KRW 300,000 from cash on the same day and used them for personal purposes, such as living expenses and personal debt repayment, etc. in the same day, and embezzled KRW 156,393,650 from the corporate bank E account as shown in the attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. The relevant legal provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the grounds for sentencing [the scope of the recommended sentence] Class 2 (not less than 100 million won but less than 500 million won) in the basic field (one to three years) [the person who is subject to special sentencing] [the decision of sentence] is against the defendant, and part of the amount of damage was repaid.

In addition to the past two times of the fine, there are more favorable circumstances in which there are no other criminal records.

However, the defendant, while in charge of the accounting of the damaged church, has embezzled for a period of up to three years, paid a large amount and repaid part of the amount.

the amount of damage still remains.

It was not yet accepted from the believers of the damaged church.

Therefore, the defendant cannot be punished strictly, but considering that there are favorable circumstances as above, and when submitting the old repayment plan, the repayment will be made.

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