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(영문) 대전지방법원 홍성지원 2016.08.08 2016고단173
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from June 2009 to early 2015, was engaged in managing the assets of the said clan as the general secretary of the victim B from June 2009 to managing the rent, interest income, etc.

On January 26, 2010, the Defendant terminated the term deposit (FFC) owned by the victim at the branch of Seocheon-gun, Seocheon-gun, the National Agricultural Cooperative Federation, and received cash of KRW 25 million and kept in custody for the victim. Around that time, the Defendant consumed the Defendant’s apartment deposit and director’s expenses for personal purposes, such as the Defendant’s own apartment deposit and director’s expenses, etc. from November 2009 to December 201, 201, and consumed KRW 84,135,000 in total by the same method, such as in the list of crimes in attached Form 15 times.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or E;

1. A copy of the content verification, and the application of Acts and subordinate statutes of the specifications of savings deposits;

1. In full view of the following circumstances as to the sentencing of punishment under the pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment), and all the conditions of sentencing as indicated in the record, including the Defendant’s age, sex, environment, and circumstances before and after the instant crime, etc., the sentence shall be determined as ordered.

The fact that the mistake is against the victim, the fact that there is no record of punishment for the same kind of crime (five times of this type of crime, two times of suspended execution), the fact that deposit KRW 20 million for the victim, and that it is not agreed with the victim.

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