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(영문) 광주지방법원 2017.11.03 2017고단4116
업무상횡령
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

From March 2015 to September 2016, the Defendant, as the secretary general of the Federation, received membership fees from C, the president of the Federation, and kept them in charge of the management and disbursement of membership fees.

On March 31, 2015, the Defendant transferred KRW 400,80,00 to the national bank account (E) in the name of the Defendant in the above Saemaul Treasury account at a location of not more than Gwangju, and used KRW 600,000 for personal purposes, such as deposit of KRW 20,018,240 to the G account and settlement of the Defendant’s personal card price, in order to invest in the business related to the F Cosmetics of the Defendant’s branch.

In addition, the defendant from March 26, 2015 to the same year.

7. Until December 24, 200, the amount equivalent to KRW 17,779,100 in total was paid in cash or transferred to the account used by the Defendant, such as the statement in the list of crimes attached hereto, and used it for personal purposes, such as investing in another room or paying the Defendant’s personal card price, and using it for living expenses.

Accordingly, the defendant embezzleds another'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 concerning C in each protocol concerning the examination of suspect by the police;

1. Application of the respective Acts and subordinate statutes on the details of transactions in the accounts of Saemaul Savings Depository in the name of C, the name of A, Gwangju, and Han Bank Account;

1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the choice of punishment, and the defendant's reasons for sentencing of punishment one time for sentencing of imprisonment. However, although the defendant has a criminal record of drinking alcohol, the circumstances, contents, and frequency of the crime are very poor, and the amount of embezzlement is not much high.

There was no recovery of damage.

In addition, records, such as the age, occupation, family relationship, and circumstances before and after crimes, are revealed.

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