logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 장흥지원 2014.04.24 2013고단262
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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

On April 26, 2012, the Defendant was sentenced to one year of imprisonment and three years of suspended execution for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Gwangju District Court's Support for the Promotion of the Residents of Gwangju District Court, and the said judgment was finalized on July 12, 2012

The Defendant, from January 1, 2010 to December 31, 2012, was engaged in the management of public funds of a village fishing village fraternity as the head of a fishing village village fraternity in the former Heung-gun, Seoul.

Around January 1, 2010, the Defendant, as well as KRW 14,111,373 of the public funds of fishing village fraternities transferred from D, the head of the fishing village fraternity, and KRW 17,940,197, arbitrarily consumed and embezzled the proceeds from the said fishing village fraternity for personal purposes, including KRW 5,00,000,000,000 from the said fisheries cooperative account in the name of the Defendant (Account Number: E) around April 7, 2011, and then embezzled the proceeds from the said fishing village fraternity for personal purposes, from around 2010 to February 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A copy of each statement of accounts, a copy of the Cvillage settlement, a copy of the passbook, and the details of each account transaction and an account inquiry table in 2012;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant should not be the head of a fishing village fraternity that manages public funds of the village fishing village fraternity, and the sum of the embezzled amounts is not much.

However, there is no substantial damage that has been made ex post facto settlement, and there is no punishment for the defendant in the side of the fishing village fraternity, the defendant has no record of being punished more severe than the fine before the case, the fact that the criminal facts are recognized and the fact that it reflects the defendant's age, character, character, environment, etc.

arrow