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(영문) 인천지방법원 2018.01.10 2017고단6710
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 3, 2016 to January 31, 2017, the Defendant served as the president of the Victim “D Child Care Center (representative: E) located in Gwangju City, and has been engaged in management affairs concerning the overall operation of the said Child Care Center, including the management of educational expenses necessary for the operation of the said Child Care Center.

When the defendant was in office as the president of the above child's house, and was in office through the passbook (Account NumberF) opened in the name of the company bank in the name of the above child's bank account, which is the above child's bank, the defendant used the above child's loan to pay the above child care center expenses to the 100,000,000 won due to the her husband's business failure, etc., the defendant was killed for personal use such as the settlement of living expenses or credit card payment by transferring the debt to the bank account in the name of the defendant's name, the new bank account (G), the new bank account (H), the Nonghyup Bank account (I and J), the Suhyup Bank account (K), and L, the her husband's account (M and N), and the local agriculture and livestock cooperative account (J).

Accordingly, around July 8, 2016, the Defendant transferred KRW 457,040 from the Internet banking account in the above childcare center’s room to the new bank account (H) with the Defendant’s name, and arbitrarily used it as living expenses, etc., from that time to January 13, 2017, and embezzled it by means of the above 58 times in total, as described in the list of crimes in the attached Form, as described above, after transferring KRW 31,446,741 in total over 31,46,741, and by means of personal debt and credit card payment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against theO;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment].

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