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(영문) 대구지방법원 2018.04.06 2017고단6954
업무상횡령
Text

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

The defendant is an employee in charge of accounting of the victim B from October 2008 to September 2017.

around 14:05 on February 27, 2015, the Defendant arbitrarily used and embezzled a total of KRW 6,103,80 over a total of 102 occasions, as shown in the list of crimes in the attached Table, including withdrawing KRW 348,120 from a Daegu Bank passbook (Account Number) in the name of the victim, located in the Daegu Bank of Daegu, located in 159, from around 159, to around 14:05, and then performing personal obligations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the Acts and subordinate statutes governing the transaction details, such as a complaint, written confirmation, written confirmation of performance of obligations, inquiries about transaction details (retirement reserves, etc.), inquiries about transaction details, general project expenses, etc., cash receipt and disbursement books, bank retirement reserve (2017, 2016, and 2015), Daegu Bank E-Account Transactions, Daegu Bank G Account Transactions Details, Daegu Bank G Account Transaction Details, Daegu Bank G Account Transaction Details, H Account Transaction Details, Daegu Bank H Account Transaction Details, and Daegu Bank I Account Details;

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommended punishment] Type 1 (40 million won or less) basic area (4 months or one year or four months), / In the case where the punishment is not imposed or considerable damage is recovered, [decision of sentence] The crime of this case is extremely poor that the defendant embezzled subsidies, etc. while in charge of accounting duties in B, and the crime of this case is not poor; the defendant is against the defendant; the defendant is recovered from damage; the defendant is the primary offender; the defendant is the primary offender; the defendant is the primary offender; the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc. are considered.

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