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(영문) 대전지방법원 서산지원 2013.11.01 2013고단470
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

From May 1, 2010 to December 31, 2012, the Defendant has been engaged in management of the victim’s membership fees, support payments, etc., such as receiving and paying the membership fees and support payments of the parents of the disabled children in the C party branch of the C party branch, a corporation incorporated by the victim, from May 1, 2010 to December 31, 201.

On February 17, 2011, the Defendant transferred KRW 268,00 from the DF account under the name of the Defendant to the EF account in the name of the Defendant, while keeping membership fees, support payments, etc. received from the members of the DF account at the DF association, and used KRW 5,909,342 in total over 85 times from the above date to January 3, 2013, as shown in the attached crime list, for personal purposes, from the above date to January 3, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The complaint and the statement of the results of transfer management;

1. The statement of debt repayment, the receipt for embezzlement and return of money, and the statement of debt repayment;

1. Application of investigative reports (verification of the amount of damage inflicted on a complainant) statutes;

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. The defendant, on the grounds of suspended sentence Article 62(1) of the Criminal Act, embezzled membership fees and support payments for a long period of time on the basis that he/she works as a victim incorporated association and engages in the management of membership fees and support payments. In light of the method, frequency, amount, etc. of the crime, the nature of the crime is not exceptionally applied.

However, considering the fact that the defendant reflects his mistake in depth, returned the amount of damage to the victim, the victim would no longer be held liable for criminal liability with respect to the defendant, and there is no criminal record against the defendant, considering the age, family environment, etc. of the defendant, the punishment as ordered is imposed against the defendant.

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