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(영문) 전주지방법원군산지원 2020.12.04 2020고단1127
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The Defendant is an executive secretary of the Victim C University Dental University Development Committee in the following cities from March 2, 2013 to March 2018, who has been engaged in managing the development fund created by the said Development Committee.

On March 13, 2013, the Defendant: (a) sent KRW 408,727,951 as a check from D, a former secretary at D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D’s dental laboratory to the account in the name of the Defendant; (b) transferred KRW 8,727,951 out of the same day to the Defendant E-bank account; (c) voluntarily consumed KRW 417,831,746, total sum of the principal and interest of the victim’s development fund from January 26, 2015 to January 26, 2015, the Defendant voluntarily consumed KRW 117,831,746.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes of a dental college, a copy of a written request for return of a passbook of the dental college development fund, a criminal investigation report (attached data), details of transactions by period of receipt, details of account transaction -H, details of account transaction - details of account transaction by the police officer's statement to G;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types]. Embezzlement/Misappropriation of embezzlement/Misappropriation [Type 2] 10 million won or more, 500 million won or more (special scams] - Reduction element: Reduction element [the scope of recommendations and recommendations] mitigation range], mitigation range of imprisonment with prison labor to six months or more [the general scams] - Reduction element: Jined reflect [The Reasons for Suspension of Execution] - Inscambied major pride element: Inscams -general pride element where significant damage has been recovered: repeated crimes -general pride element: Social relative relationship is clear, serious reflects, and reflects.

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