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(영문) 창원지방법원 마산지원 2014.06.25 2014고단456
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 is the chairperson of the clan B, who is engaged in the management of the property owned by the clan.

On February 2, 2011, the Defendant, who was appointed as the president of the above sub-council, was a general secretary of the above sub-council C, and was holding the above deposits for the above-mentioned sub-council by 36,661,052 won, using the passbook and the seal of the Gyeongnam Bank, which contain 36,661,052 won. At around that time, the Defendant arbitrarily withdrawn the above deposits under the name of the bath, the inn, the inn, and the repair expenses and operating expenses of the restaurant, and embezzled the victim’s above 36,61,052 won owned by the above sub-council.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the settlement of accounts in 2011 and the settlement of accounts in 2012;

1. Application of Acts and subordinate statutes to each investigation report (C telephone statement, etc.);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Where significant damage has been recovered in the area of mitigation (one month to ten months) (special mitigation) in the area of mitigation (one month to ten months) under Article 62 (1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence under Article 62 (1) of the Criminal Act, six months of imprisonment and two years of suspended sentence;

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