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(영문) 대구지방법원 2018.06.12 2017고단2921
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From July 1, 2014 to June 30, 2015, the Defendant is a person who has served as the president of a victim B club.

On January 12, 2015, at the name of Daegu Bank in Daegu-gu, Daegu-dong, the Defendant: (a) placed the seal of the head of an installment savings passbook and the name of the above club on the ground that the deposit account of the said club is renewed upon the expiration date of the said periodical installment payment C; and (b) arbitrarily terminated the said periodical installment payment without the renewal of the said periodical installment payment; (c) remitted KRW 49,895,832 to the account of the Daegu-gu bank in the name of the Defendant, Daegu-gu, Daegu-gu; and (d) embezzled it by using the Defendant’s personal debt repayment, etc. around that time.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 4);

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, grounds for sentencing of sentence of imprisonment [the scope of recommendation] No. 1 of the basic area (from April to January 4) (no person subject to special sentencing for a period of less than 100 million won] [the decision of sentencing] (the decision of sentencing for a period of six months): The escape, and did not implement agreed criminal conciliation matters.

The favorable circumstances: A part of the amount of damage has been repaid.

There is no criminal history.

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