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(영문) 대전지방법원 2014.06.25 2013고단4545
업무상횡령
Text

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

Reasons

Punishment of the crime

The defendant, from around May 2007 to around 2010, was engaged in the management of the property of the above clan as a general member of the victim B's clan, and the execution of finance, and around June 19, 2007, deposited KRW 83,142,670, which is the funds owned by the above clan, into the Agricultural Cooperative Account (Account Number:D) in the name of the clan C for the above clan, and the defendant managed the above passbook and cash card, etc., and kept the above money in his/her business, but he/she arbitrarily withdrawn KRW 2 million from around May 21, 2008, and embezzled the property of the victim by arbitrarily withdrawing KRW 86 million from around 12 times to May 31, 2009.

Summary of Evidence

1. Statement by the defendant in the first trial record;

1. Statement to E by the police;

1. Each investigation report (attached documents - Application of Acts and subordinate statutes to suspect A);

1. In full view of the relevant provisions of the law related to criminal facts, the punishment shall be determined as ordered in consideration of the scope of recommendation and sentence [the scope of punishment [the embezzlement crime group, the category 1 (less than KRW 100 million), the basic area, April to April 1] and the following circumstances in the sentencing guidelines for the reasons for sentencing (the scope of punishment shall be determined as stated in the order, taking into account all of the following circumstances. A favorable circumstances: (a) the amount of embezzlement is not substantial; (b) the amount of damage is not repaid; and (c) the amount of damage is not repaid. It is so decided as per Disposition on the grounds that the motive for the crime, the family relation of the defendant, economic conditions, etc.

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