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(영문) 서울중앙지방법원 2016.06.22 2016고단100
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a multi-level salesman registered in D (former, Co., Ltd.), a company selling network health and food in Gangnam-gu, Seoul, from January 2008 to December 2012, 201, was in charge of accounting and financial affairs as the chairperson of the Gangnam Headquarters Operation Association, which is a D subordinate organization, from January 2009 to December 2012. From January 201, 2013 to June 20, the Defendant was in charge of overall union affairs as the head of the Gangnam Headquarters and the head of the Gangnam Headquarters and the head of the association.

The Defendant, from January 2009 to December 201, 2012, worked as the chairman of the financial committee of the above Gangnam Headquarters Operation Association, and kept the F Bank Operation Fund deposited in the financial account in the name of the F Bank.

On June 11, 2012, around 19:02, the Defendant arbitrarily transferred 50,000,000 won of partnership operation funds to a new bank personal financial account in the name of the Defendant in the name of the Defendant and used it for the Defendant’s personal purpose. From March 27, 2012 to December 17, 2012, the Defendant arbitrarily used 439,271,504 won, which is in the business of the bank account of F from March 27, 2012 to December 17, 2012, for the Defendant’s personal purpose.

In the end, the Defendant embezzled the money owned by the operation association of the Gangnam Headquarters in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about past transaction details (in the case of A entry and withdrawal of a principal account) and the application of Korean bank account (G) transaction details under the Act and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing guidelines [the range of recommended punishment] types 2 (the range of punishment shall be between 10 million won and 500 million won) are mitigated (six months to 2 years) (the person subject to special mitigation], and the punishment is not mitigated or significant damage is recovered;

2. The records of this case, such as the age, sex, environment, motive and consequence of the crime, and circumstances after the crime, under the sentence of sentence, are as follows.

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