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(영문) 광주지방법원 장흥지원 2015.12.17 2015고단30
횡령
Text

A defendant shall be punished by imprisonment for six 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

On December 3, 2007, while the Defendant was working as the vice president of Da, Inc., Ltd., a company located in Naju-si, who had been employed through the Welfare Center for Persons with Disabilities, the Defendant told the victim E with intellectual disability 2, who was employed through the Welfare Center for Persons with Disabilities, to manage the above account by crying that he would receive disability benefits, etc. from the Agricultural Cooperative (F) in the name of the victim, and received money from the victim by using the above account at will.

On March 30, 2010, the Defendant embezzled the victim’s property by arbitrarily consuming an amount of KRW 14,220,000 in total 74 times from August 21, 2014 through the same method from around 74 times to around August 21, 2014, when the Defendant kept the passbook, etc. of the Agricultural Bank Account in the victim’s name for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, H, and I;

1. Each internal investigation report and the confirmation report on the details of additional damage;

1. Application of the Acts and subordinate statutes of a passbook, a list of ordinary deposits, and a list of transactions;

1. Relevant Article of the Criminal Act and Article 355(1) of the Criminal Act, the choice of punishment, and the selection of comprehensive imprisonment with labor;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing which are favorable among the reasons for sentencing] [Article 62(1) of the Criminal Act] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Basic Field 1 (less than 100 million won), [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Punishment of Specific Crimes: (a) is a crime committed against the disabled who is vulnerable to the crime; (b) the period of the crime is favorable to the long term: (c) confession of the crime; (d) payment to the father

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