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(영문) 서울북부지방법원 2018.12.14 2018고단1326
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, from January 11, 2017 to November 23, 2017, has been engaged in the accounting and accounting of the above general secretary at CD Religious Officers in Seoul Special Metropolitan City, Nowon-gu.

On February 6, 2017, the Defendant embezzled KRW 74,483,040,040 in total 64 times from January 11, 2017 to November 10, 2017, as shown in the crime list 1,2, and 3,200,000, after arbitrarily remitting KRW 3,200 to G account (H) in the name of the Defendant, while the Defendant deposited the income of the general secretary in the company bank account (F) in the name of the President of the General Affairs Office (F) and kept in the course of business.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Part I of the statement made to the accused in the suspect examination protocol (in the examination of the accused, twice);

1. Statement made by the prosecutor and the police with regard to I;

1. Statement of transactions by account and statement of account transactions;

1. Application of Acts and subordinate statutes to a copy of original work site, a copy of cash withdrawal (a statement of revenue of shared funds);

1. Relevant legal provisions for criminal facts and Articles 356 and 355(1) of the Criminal Act for the selection of punishment (in combination, the choice of imprisonment) are criminal records for the same kind of crime as the reasons for sentencing, and the amount of embezzlement is approximately KRW 74 million, which did not completely recover from large damages (a defendant paid approximately KRW 30 million out of the amount of embezzlement).

One of the arguments is to be considered, and the sentence is to be imposed on the defendant, and considering the fact that the defendant acknowledges the crime, the defendant has no criminal record, and all of the sentencing conditions specified in Article 51 of the Criminal Act as stated in the records, the sentence is to be determined like the order.

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