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(영문) 의정부지방법원 2019.08.14 2019고단434
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From September 1, 2006 to June 2018, the Defendant served as the head of the administrative division at the victim social welfare foundation B (hereinafter referred to as the “B”) who is a special school for intellectually disabled persons, as the head of the administrative division, and was in charge of the disbursement of school budget.

Around September 14, 2015, the Defendant: (a) placed the school budget in a zone for B for the purpose of B for the purpose of B at the above B School administrative office located in Gyeyang-gu, Young-gu, Gyeonggi-gu; (b) prepared a false statement stating that school meal expenses will be disbursed for KRW 3,471,730; (c) transferred KRW 3,471,730 from the above D Association deposit account to E, the Defendant’s seat at will, and then, (d) transferred the amount of KRW 3,471,730 from E to the Defendant’s seat bank deposit account; and (e) then, (e) transferred the amount to be returned from E to the Defendant’s personal bank deposit account and used it as the Defendant’s personal living expenses, etc. from September 14, 2015 to June 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Details of transfer processing, investigation reports (the details of embezzlement of a suspect who has filed a complaint), investigation reports (Submission of additional embezzlement data), investigation reports (Submission of additional embezzlement data), investigation reports (the I telephone conversations of a witness), investigation reports (the I submitted data for reference), investigation reports (the details of transactions of the accounts of the D Association in the name of a suspect), investigation reports (the submission of additional data from the B School);

1. Application of Acts and subordinate statutes concerning accounting documents of each occupational embezzlement case;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing criteria; and

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