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(영문) 전주지방법원 정읍지원 2016.06.21 2016고단94
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 2013 to December 2014, the Defendant has been engaged in the management, etc. of the funds of the said clan as the chairperson of the victim B clan from March 2013 to the police officer of the said clan.

On May 29, 2013, the Defendant embezzled KRW 3,00,000, while working in custody of the funds of the clan for the victim in the course of performing his/her duties, and embezzled the funds of the clan on 36 occasions in total from May 24, 2013 to December 11, 2013, as indicated in the list of crimes in the attached Table, from around May 24, 2013, the Defendant spent KRW 34,508,400 in the number of clans at the members of the Gowon-gun, Changwon-gun, North Korea, etc. for 36 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaint filed by C;

1. Statement made by the police against C;

1. Application of a detailed statement of deposit transactions and a copy of passbook;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. There are circumstances that may be considered favorable to the defendant, such as the following: (a) the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) there is no basic area [the scope of the recommended punishment] [the grounds for sentencing [the grounds for sentencing] [the grounds for sentencing [the grounds for sentencing] [the person who is subject to special sentencing] [the decision of sentencing] [the defendant’s mistake and reflects his/her mistake; (c) the defendant has faithfully been employed as a middle school teacher for a long time; and (d) there is no history of punishment exceeding the fine

However, since the crime of this case committed by the defendant by consuming funds for several individual purposes for a considerable period of time in violation of such duties even though the defendant was in the position to execute funds in accordance with the purpose of the clan as the chairperson of the clan, the crime of this case is heavy, and since the damage has not been restored up to now, or the agreement with the victim has not yet reached, it is reasonable to

In addition to the above circumstances, the defendant's age, sex and environment shown in the records of this case and the theory of changes, including the background of the crime, the scale of damage, and the efforts to change.

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