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(영문) 청주지방법원 영동지원 2014.06.19 2013고단243
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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, from around 2002 to around 2012, worked as an internal director of E (the victim) who is the victim in Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do, and has been engaged in the business of managing the funds of the said company.

The Defendant, around March 21, 2012, kept the victim’s funds of KRW 24,295,00 for the above company in custody on behalf of the above company. Around that time, the Defendant consumed the victim’s funds of KRW 24,295,00 for personal purposes, such as living expenses, in mind at the members of the work group of the Chungcheong

In addition, from around that time to October 2, 2012, the Defendant embezzled the total of KRW 104,098,540 by the same method from the members of the Chungcheong Dong-gun to seven times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

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

1. A complaint;

1. A list of total tax invoices by customer;

1. Copy of the detailed statement of transactions by the corporation passbook; and

1. Details of transactions by using the corporate passbook; and

1. A statement of transactions in Nonghyup I (H);

1. Details of transactions by the Agricultural Cooperatives J (A);

1. A copy of a passbook of each agricultural cooperative K (A);

1. Details of transactions of Nonghyup L;

1. Application of Acts and subordinate statutes to all certificates of registration;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The scope of punishment by sentence: Imprisonment for one to fifteen years;

2. The scope of the sentence recommended on the sentencing guidelines [type of crime] embezzlement, breach of trust, crime of not less than KRW 100,000 but less than KRW 500,000 (person subject to special mitigation], if a family company is a member of the family company, the non-members of the penalty [decision of the scope of the sentence] [decision of the scope of the sentence] mitigated area (two months to two years of imprisonment] (whether suspended sentence is suspended or not] the main reasons for the major participation (self-esteem: family company, non-members of the penalty), general participation reasons

3. Determination of sentence: Ten months of imprisonment, two years of suspended sentence, the first offender, the defendant agreed that only the victim has agreed, the defendant led to confession of the fact of the crime, and reflects his mistake.

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