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(영문) 춘천지방법원 영월지원 2013.05.21 2012고단564
업무상횡령
Text

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

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, while serving as the general secretary of the “B organization” of the victim from March 2009 to March 2012, has been engaged in the business of managing and executing funds of the victim.

1. On December 23, 2010, the Defendant received KRW 30 million from the members of the Defendant’s Agricultural Cooperative to transfer membership fees of KRW 30 million from the members of the victim to the Defendant’s Agricultural Cooperative and embezzled the victim’s property by withdrawing the said KRW 30 million from the Pyeongtaek-gun, Pyeongtaek-gun, Gangwon-gu, Gangwon-do on the following day, which was in the occupational custody of the victim for the victim, and then repaying the victim’s property by repaying the said KRW 30 million from the KRW 30 million to the Defendant’s own loan or by arbitrarily consuming

2. Around January 18, 2012, the Defendant, who received a remittance of the development fund from the president of the C organization to the Defendant’s agricultural bank account, and kept it for the victim, withdrawn the above KRW 20 million from the Hyeong Chang-gu, Kim Chang-dong, Gangwon-gu, Gangwon-gu, Gangwon-do, in the following day, and embezzled the victim’s property by arbitrarily consuming the Defendant’s debt repayment, living expenses, etc. at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the detailed statement of passbooks in the name of the defendant, the statement of passbooks in the name of the defendant, the director of the Nonghyup Bank, and the articles of association

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Reduction factors of less than KRW 100,00 (Special Sentencing Persons): Reduction factors of less than KRW 100,00 for embezzlement and breach of trust on the sentencing guidelines (decision on the sentencing guidelines): Reduction areas of punishment [decision on the recommended areas] Reduction Areas of Punishment (decision on the recommended areas] Reduction Areas of Punishment from January to October [Decision on Suspension of Execution]

(a) The reason for major participation: If a significant damage has been recovered from pride, the amount of penalty shall not be imposed;

(b) Reasons for general participation: (i)The social relationship is clear, serious reflect, or more than a suspended sentence.

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