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(영문) 대전지방법원 2017.05.24 2017고단542 (1)
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from January 200 to October 201, 2016, was an accounting employee from the victim D'D's “D”) located in Sejong City to take charge of management affairs, such as the deposit and withdrawal of funds deposited by the union members.

On November 23, 2012, the Defendant: (a) transferred KRW 4 million to the Agricultural Cooperative’s account in the name of the Defendant while keeping the funds of the Victim Association’s Fund deposited in the Agricultural Cooperative account in the name of the president of the Cooperative at the office of the Victim Association around November 23, 2012; and (b) embezzled the Defendant’s agricultural bank account (Account Number:F) and the Agricultural Cooperative’s account (Account Number: H) in which the funds of the Victim Association were deposited over 129 times from around October 19, 2016, during the course of business keeping KRW 281,902,938, the sum of the deposits of the Victim Association owned by the Defendant in the Agricultural Cooperative account and its husband’s account, and embezzled the Defendant’s agricultural bank account and its her her her her her son’s her her son’s son’s son’s son

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to the detailed statement of entry and withdrawal;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act ( comprehensively referred to as “the grounds for sentencing of imprisonment”) concerning criminal facts;

1. The basic area (one to three years) (one year) based on the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and the basic area of the punishment (the amount between KRW 100 million and KRW 500 million)

2. It is inevitable to sentence a sentence in light of the following: (a) the amount determined and embezzled by the sentence is considerably significant; (b) the damaged union appears to have suffered a considerable economic impact; and (c) the amount of damage is not recovered and the damaged union wishes to punish the defendant;

However, considering the favorable circumstances, such as the fact that the defendant repents and reflects his mistake, the discharge of some or some damage, the fact that there is no past record of criminal punishment, etc., and is shown in the arguments of this case, such as the defendant's age, sexual behavior and environment.

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