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(영문) 수원지방법원 2020.09.18 2020고단1113
업무상횡령
Text

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

However, 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

From April 2019 to June 8, 2019, the Defendant: (a) from around 201 to around 2019, worked as office staff at the victim B school; (b) was in charge of managing the victim’s corporate account (SOC C); and (c) deposited local subsidies from the said account in the said account for business purposes; (b) withdrawn KRW 2 million from the said account on May 22, 2019 and used it for personal purposes, such as gambling funds; and (c) deposited KRW 85,800,000 in total over 42 occasions, as indicated in the list of crimes, from around that time to June 8, 2019, used it for personal purposes.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of each account transaction, the decision to grant subsidies and the notification of granting subsidies for the support project for operating expenses of school programs in B, 2019, the decision to grant or grant subsidies for operating expenses of school programs in B, 2019, the decision to grant subsidies, the decision to grant subsidies

1. Articles 356 and 355 (1) (Overall) and 355 (1) of the relevant Articles of the Act concerning the facts constituting an offense and the multiple-choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act;

1. The scope of recommendations according to the sentencing guidelines (decision of type) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigated factors of less than KRW 100 million (specially punished persons]. In cases where the punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigated area of imprisonment with labor for one month or ten months;

2. The criminal defendant who was sentenced to punishment committed a crime of embezzlement of a large amount of damage within the short term while in charge of the management of the subsidies received by the victim, and the criminal defendant committed the crime of embezzlement of this case in order to use it as gambling funds, and actually used it in gambling. The motive of the crime or the circumstances after the crime are not good, and the criminal defendant committed the crime of this case.

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