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(영문) 제주지방법원 2018.09.10 2018고단612
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 8, 2016, the Defendant is a person who has been in charge of accounting, general affairs, and management of E prizes while working as an employee of the secretariat at the Jeju Branch of D Association (hereinafter referred to as “victim Association”) of the Victim Association, which is a victim-based organization in Jeju.

On July 13, 2016, the Defendant purchased slots for personal use while in custody of funds, etc. of the Victim Association at the above victim association office, and then arbitrarily deposited KRW 22,260 from the victim association's non-account (agriculturalF) to AS union's virtual account (agriculturalF), and used a written resolution for expenditure as an item for the following office supplies (agricultural G G) and used 22,260 won for personal use by obtaining approval from the chairperson.

From around that time to January 6, 2017, the Defendant spent the victim’s association funds 17,926,980 won for personal purposes through 168 times in total by claiming the victim’s association to pay or calculating the amount of money in the name of the victim’s association, etc. as stated in the list of crimes in the separate list of crimes. The Defendant spent the victim’s association funds 17,926,980 won in total for personal purposes.

Accordingly, the Defendant embezzled the property of the Victim Association, which had been in custody in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A investigation report (attaching a suspect A's personal embezzlement table, etc.);

1. Investigation report (the case of occupational embezzlement of proceeds from the use of the Postal Card by the DHyup Bank of Korea);

1. Application of Acts and subordinate statutes to a criminal investigation report (attached documents, such as a statement of deposits and withdrawals from the defendant JFC head);

1. Relevant Articles 356 and 355 (1) (General Provisions) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Among the various sentencing conditions shown in the argument of the instant case for the reason of sentencing under Article 62(1) of the Criminal Code of the suspended sentence, the following circumstances are particularly reflected in the victim’s association.

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