2019 Highest 3707 Occupational embezzlement

Gangwon, 1973, South and North, and Building

Residence

Reference domicile

Kim Jong-sung (prosecution), Lee Jong-ho (Trial)

Attorney Park Do-young

February 19, 2021

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

Criminal facts

The Defendant is the head of the Dong Chang-dong Branch of the Victim C High School in Ulsan-gu B from March 2015 to February 2019, who was engaged in the affairs such as the management of the general alumni fee and the general administration of the general administration of the Dong Chang-dong branch in the name of the general secretary of the F Bank in the name of the F Bank.

On April 20, 2015, the Defendant spent KRW 500,000 from the F Bank account under the above E’s name in cash and used it as personal living expenses. From around that time to February 28, 2018, the Defendant spent KRW 84,854,250 in total on 33 occasions, such as the list of crimes in attached Table, in mind.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, choice of imprisonment);

Reasons for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Embezzlement and Breach of Trust 01. Embezzlement and Breach of Trust / [Type 1] below 100 million won

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment, April 1, 200

3. Determination of sentence;

In addition, considering various sentencing factors, such as Defendant’s age, environment, motive for committing a crime, means and consequence of a crime, and circumstances after committing a crime, it is inevitable to determine the punishment as ordered by the disposition, taking into account the following factors: (a) the Defendant was led to the confession of the crime of this case; (b) there was no record of punishment imposed in excess of the same crime or fine; and (c) certain damage was recovered. However, even though the amount of damage that the Defendant embezzled for a long time was not much, most of the damage was not recovered; and (d) the sentence was inevitable in that the Defendant did not receive a letter of punishment from the victim.

Judges Kim Gin-Un

A person shall be appointed.