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(영문) 창원지방법원 통영지원 2017.02.09 2016고단1635
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The Defendant is a registered director of the D Consumer Life Cooperatives E hospital in the city of Dong-nam from March 2, 2014 to June 28, 2015, who was engaged in the management of the revenue of the above hospital.

On March 3, 2014, the Defendant embezzled KRW 98,820,230 in total on 25 occasions by arbitrarily withdrawing money from the bank account in the name of the victim union or transferring money from the bank account in the name of the victim union to January 31, 2015, such as the method of not depositing cash sales into the bank account in the name of the bank account in the name of the victim union, and the method of not depositing cash sales into the bank account in the name of the victim union, etc. from around the above time to January 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of F in the third police interrogation protocol against the defendant

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

1. Complaint;

1. Fact-finding certificates, the embezzlement list of A public funds, copies of passbooks, and inquiries about the details of each transaction;

1. Details of each mobile phone text and cash bags;

1. Inquiries about each transaction, the application of Acts and subordinate statutes regarding transaction records, the identification of transaction records, and the details of Internet banking transaction;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing criteria [the scope of recommended punishment] category 1 (the range of punishment shall be less than 100 million won) is mitigated (one month to October) (the person who has been specially mitigated) and the punishment is not mitigated, or a significant damage is recovered;

2. The Defendant’s embezzlement amounting to KRW 9,882,00,00 due to the instant crime for specific reasons for sentencing is the sum of embezzlement amounting to KRW 9,882,00,00, and the Defendant, using his/her own bond repayment, amusement expenses, etc., thereby recovering the damage of the victim who consumed, and making a smooth agreement, does not want the victim’s punishment against the Defendant (i.e., February

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