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(영문) 대구지방법원 경주지원 2018.04.25 2016고단296
업무상횡령
Text

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

Reasons

Punishment of the crime

From January 1, 2012 to December 31, 2012, the Defendant, as the chairperson of “B,” the victim “B,” the 67-year-old group residing in the Gu and America, was in overall control over the meeting. From January 1, 2013 to December 31, 2014, the Defendant was engaged in the collection and disbursement of membership fees as the general director of the said group.

On January 20, 2012, the Defendant was a general officer of B at the time of the Buddhist land at the time of 10:45 square meters.

C through C, KRW 11,00,000 of the membership fees was arbitrarily transferred to the Defendant’s account in the name of the Defendant and used it for personal debt repayment, etc., and KRW 11,340,000 of the travel expenses until June 6, 2013, and KRW 11,340,080,000 of the membership fees by December 31, 2014 were arbitrarily used for the Defendant’s personal debt repayment, etc.

Accordingly, the Defendant arbitrarily consumed 43,415,30 won, including membership fees, etc. kept on duty for the victim B, for the Defendant’s repayment of the Defendant’s obligation and living expenses, and embezzled them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The head of the complaint, the pledge, the B membership fees and the B membership fees, the collection of overseas travel expenses, and the B bylaws;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a smart banking screen);

1. According to the pertinent Article of the Criminal Act and Articles 356 and 355(1) (including comprehensive) of the Criminal Act regarding criminal facts, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] Class 1 (the grounds for sentencing of sentence] (4 months to 100 million won) in the basic area (4 months to 100 million won) [decision of sentence] below the following circumstances and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, conditions before and after the crime, etc., the sentence as ordered shall be determined by comprehensively considering the following conditions of sentencing.

It is not good to commit a crime in that the defendant embezzleds membership fees of a group that he/she was in charge of general affairs with the chairperson.

The amount embezzled is a large amount and the damage was not recovered at all.

The favorable circumstances: The defendant led to confession of all the facts constituting the crime.

Only one kind of fine shall be imposed on the accused.

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