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(영문) 서울중앙지방법원 2014.02.19 2013고단8081
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, 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

From February 7, 2012, the Defendant has been engaged in the financial management affairs of the above Chang-dong Council as the Secretary General of the Council of Korea.

On March 5, 2012, the Defendant opened a new bank account (D) under the name of the above Dong branch and managed the passbook and the seal imprint, and had the deposit of the Dong branch deposited in the above account be kept for business purposes.

On March 6, 2012, the Defendant wired KRW 120 million, among the deposits deposited in the said account, to the Defendant’s personal account at the south-dong branch of Yongsan-gu Seoul Metropolitan Government, and embezzled KRW 240 million in total by arbitrarily remitting KRW 90 million from the said deposit at the same place on March 21, 2012 to the Defendant’s personal account at the same place on April 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Statement to E by the police;

1. A complaint, a copy of a bankbook, a copy of a new bank, a copy of a deposit passbook in a post office, and a fact-finding certificate (A);

1. Application of Acts and subordinate statutes to prosecution investigation reports (a notarized copy of notarial deed);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting the crime (an imprisonment with prison labor in general);

1. Article 62 (1) of the Criminal Act (including the fact that there is no history of punishment of imprisonment without prison labor or more, the fact that the full agreement is reached with the victim, and the fact that it is against the victim);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [decision of types] Embezzlement and breach of trust, Type 2 (at least KRW 100 million, less than KRW 500 million) - Reduction elements: Imprisonment with prison labor for not less than six months or imprisonment for not more than two years;

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