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(영문) 대구지방법원 2016.07.22 2016고단2244
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant 208

1. 1. From around January, 1, as a house manager of Daegu Jung-gu Branch of the C church, he has been engaged in the accounting and management of the foreign missionary fund by being in charge of the accounting of the foreign missionary work committee.

On April 1, 2008, the Defendant collected KRW 4,733,000 from the above church, and deposited KRW 4,108,000 in the church account while carrying out business for the above church, and consumed KRW 625,00 for personal use, such as living expenses, in the vicinity of Daegu and Gyeongbuk-do around that time.

From around that time to October 31, 2015, the Defendant consumed a total of KRW 126,954,190 in mind by not depositing part of the money received in cash for 59 months in the above church account, as shown in the list of crimes attached hereto, and by transferring the money deposited in the above church account to its own account.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made in the police statement protocol with D;

1. Application of each of the Acts and subordinate statutes stated in the details of entry into and departure from a national bank, confirmation letter, accounting books (from February 2008 to December 2015), each remittance statement, financial data, transaction statement, passbook transaction statement [C church (from January 1, 2008 to December 31, 2009), investigation report (with respect to the daily list of crimes), investigation report (for the monthly specific list of crimes), investigation report (for the accused's financial transaction data), and investigation report (for the accused's financial transaction data).

1. The grounds for sentencing [the scope of applicable sentences under the law] of the pertinent Article 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 applicable sentences under the law] from January to 10 years of imprisonment [the types of decisions] [the scope of recommended sentences shall be between 10 million won and 50 million won] basic area [the scope of recommended sentences] from 1 to 3 years [the scope of recommended sentences] - there is no history of criminal punishment for aggravated factors - the case of embezzlement of aggravated factors [the case of suspended sentence] where there is no history of criminal punishment for aggravated factors [the case of a person subject to general sentencing] - there is no history of criminal punishment for aggravated factors (whether suspended sentence]

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