(영문) 수원지방법원 안산지원 2018.02.28 2017고단2437

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자간(%)

(영문) 수원지방법원 안산지원 2018.02.28 2017고단2437

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2013 to December 2015, the Defendant is the chairperson of the E Council comprised of 109 persons, such as victims D, from Mapo-gu Seoul and 1st floor, and has overall control over the management of operating funds of the Council.

around October 14, 2013, the Defendant received KRW 22,269,600 from F, a former president of the said Council, to the Agricultural Cooperative account (Account Number G) in the name of the Defendant, and embezzled KRW 100,000 per month from the victims into the same account, and deposited KRW 100,000 per month from the victims for the sake of victims, and transferred KRW 5,000,000 out of the operating funds of the Council to the Defendant’s personal account on October 15, 2013, from around that time to July 14, 2014, as indicated in the attached list of crimes, by consuming KRW 28,601,00 in total over 16 times from that time.

Summary of Evidence

1. The defendant's statement at the third public trial date in court;

1. Statement made by the prosecution with regard to H;

1. Police statements made to I and J;

1. Details of transactions of accounts of public funds of each Council;

1. Application of statutes on the details of each account transaction in the name of K;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reasons for sentencing under Article 62-2 of the Social Services Criminal Act, the Defendant’s liability for a crime is not less light, but confession and reflects, the Defendant was difficult to vindicate the place of use after considerable time from the date of the crime, and the Defendant has no criminal record exceeding the same criminal record or fine, considering favorable circumstances, the Defendant’s age, sex behavior, family relationship, and circumstances after the crime, etc., the punishment is determined as ordered by taking into account all the circumstances of sentencing indicated in the records, such as the Defendant’s age, sex, family relationship, and circumstances after

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