logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.16 2014고단10005
업무상횡령
Text

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

except that 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

From January 9, 2009 to May 13, 2012, the Defendant is a person in charge of the payment of benefits, public charges, etc. to the deputy head of the Operation Support Team of the Planning and Coordination Bureau (Grade IV) in the Incorporated Foundation B, which is the victim.

On December 10, 2009, the Defendant transferred KRW 30,000,00 from the office of the Defendant located in Seocho-gu Seoul Metropolitan Government C and the third floor, from the deposit management account (Korean bank D) for the victim, to the Defendant’s account, and then wrongfully consumed the Defendant’s card payment, etc. around that time, and embezzled 18 times from December 10, 2009 to December 5, 201, as shown in the separate crime list, the sum of 104,149,190 won owned by the victim from December 18, 209 to the Defendant’s account.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning the F;

1. A literature, written confirmation, and each written confirmation (including matters concerning unauthorized withdrawals, and matters concerning the management and supervision of accounting affairs);

1. Each investigation report (report on the details of qualifications for employment insurance, etc., report on the collection of B accounting regulations, report on the current status of B management accounts, report on the division of duties of the B operation support team, attached report on the attachment of deposit accounts and the certificate of balance of anti-doping operation accounts in 2010 through B in 2011, report on the details of benefits paid to A, etc. (report on the analysis of transaction records of accounts in 2010 through 2011), attached report on the analysis of transaction records of accounts A and B, attached report on the attachment of certificate of deposit transaction records in the name

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] Article 62(1) of the Criminal Act where the mitigation area (6 to 500 million won) (6 to 2 years) (special mitigation) of the mitigated area (6 to 2 years) is considerably restored [the decision of sentencing] where the defendant led to the confession of the crime, and there is no criminal history against the defendant.

arrow