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(영문) 부산지방법원 2015.02.11 2014고단10316
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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

The Defendant was dispatched to the Busan Regional Cancer Center D of the Busan Regional Cancer Hospital located in Seo-gu, Seo-gu, Busan, to the F members of the F Council located in Geum-gu, Busan, and was in charge of nursing operation and pre-payment affairs, and was in charge of post-report on the details of use after receiving the pre-paid funds from the Busan National University and using them for the intended purpose.

On December 3, 2012, the Defendant received 71,680,000 won (including 67,320,000 won) from the victim to the Agricultural Cooperative account under the name of G (H) managed by the Defendant and embezzled the remainder of KRW 66,00,00 for personal purposes, such as living expenses.

In addition, from around that time to April 2014, the Defendant embezzled the total sum of KRW 165,905,000, which was owned by the victim six times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Where the sentencing criteria [the range of recommending punishment] types 2 (100 million won or more to 50 million won) are mitigated (6 to 2 years), the area of mitigation (6 to 2 years), the amount of punishment is not mitigated, or significant damage is recovered;

2. The amount of embezzlement determined to be sentenced; the amount of damage directly repaid; the amount of damage; the amount that the relative of the defendant has agreed by the method of joint and several surety for the remaining amount of damage; and the fact that the defendant is the initial offender;

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