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(영문) 춘천지방법원 영월지원 2018.10.02 2018고단204
업무상횡령
Text

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

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

Reasons

Punishment of the crime

From June 2015 to December 30, 2016, the Defendant, as the representative of the Seo-gu Incheon Western B lending from around June 2015 to around December 30, 2016, has been engaged in the business of keeping and receiving various income, such as management expenses paid by 33 victims, etc., while residing in the above lending, and repair of defects of the above lending.

From June 18, 2015 to December 30, 2016, the Defendant received 31,966,405 won in total and 32,800,000 won in the management of the loan from around June 18, 2015 to around December 30, 2016, and used 51,000 won in cash and used 31,253,084 won in total for personal purposes over a total of 183 times in the same manner as the list of crimes in attached Table from around December 30, 2016.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, G, and H;

1. A complaint, B written consent;

1. Details of each account transaction;

1. Report on investigation (Submission of Materials) and the details of the disbursement of public charges in 2015, the details of criminal suspect's occupational embezzlement in 2015, the details of deposit of management expenses in 2015, the details of disbursement of public charges in 2016, and the details of criminal suspect's occupational embezzlement in 2016;

1. Report of investigation (organization of the amount of embezzlement of a suspect);

1. Details of deposits and withdrawals;

1. Application of the Acts and subordinate statutes on the list of crimes and investigation reports (management non-account settlement and attachment of facts);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant embezzled long-term management expenses, etc., and the case is not somewhat weak and embezzled, the defendant recognized the crime of this case, circumstances favorable to the defendant, such as the fact that he/she has no record of punishment for the same kind of crime, and other circumstances leading to the defendant's character, conduct, environment, and crime of this case.

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