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(영문) 수원지방법원 평택지원 2017.12.28 2017고단1613
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from January 16, 2012 to December 2012, 2012, is the chairperson of the Victim “C”, who is a friendship group consisting of 37 graduates from B high school in B from January 16, 2012, who is engaged in the management and overall operation of the Fund.

Around January 16, 2012, the Defendant received membership fees of KRW 38 million from the former president of the said victim to the Agricultural Cooperative account under the name of the Defendant and embezzled by arbitrarily using KRW 38 million in total over 64 times in the same manner as indicated in the separate crime list, from January 16, 2012 to July 6, 2012.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of passbook transactions, application of Acts and subordinate statutes, savings deposits, and bylaws (C);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The nature of the crime of this case does not correspond to those of the victim, provided, however, that the defendant has reached an agreement with the victim by bringing a change in the amount every month. - The defendant has no record of criminal punishment for the same kind of crime. - The defendant is against his fault.

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