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Reasons
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(영문) 광주지방법원 목포지원 2014.01.10 2013고단1062
업무상횡령
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, from March 1, 2010 to March 1, 2010, has been serving as the general duties of the 'D' Institute of Notification operated by the Victim C in Seodaemun-gu Seoul, Seoul, while engaging in the management and collection of the Institute of Notification.

On January 9, 2011, the Defendant received rent of KRW 700,000 from occupants E from the above Gosiwon and consumed the rent of KRW 700,00 for the victim as the temporary and ordinary living expenses, etc. while being kept for the victim.

From January 9, 201 to January 2, 2012, the Defendant, including this, embezzled total of KRW 1,852,00,00,00, including deposits and rents received from occupants on a total of 12 occasions, as indicated in the attached list of crimes, while he/she was in custody for the victim in the course of performing his/her duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused (the second and fourth statements shall be included in C);

1. Statement to C by the police;

1. Investigation reports (informant 1), investigation reports (informant data embezzled by A), investigation reports (informating ordinary deposit trading slips);

1. Application of Acts and subordinate statutes on a copy of lease contract or receipt;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (including the fact that the crime is recognized and reflected, the fact that the embezzlement is returned to the victim and the agreement is reached with the victim, and the fact that there is no other criminal record except the fact that a fine of two million won has been received due to the violation of the Electronic Financial Transactions Act in 2009);

1. Social service order under Article 62-2 of the Criminal Act;

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