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(영문) 수원지방법원 성남지원 2018.10.12 2018고단1414
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 1, 2007 to June 14, 2017, has been engaged in duties such as customer management, fund management, etc. as golf practice practice managers with the trade name “F” operated by the victim E located in Yongsan-gu, Goyang-si.

On November 5, 2010, the Defendant received KRW 300,000 from golf course members G to receive KRW 300,000 for the purchase of golf course usage rights from golf course members G and kept for the victim, and deposited the same day into the Agricultural Cooperative (H) account in the name of the Defendant on the same day and consumed it in mind, from that day until April 12, 2017, and embezzled the purchase cost of golf course usage rights of KRW 18,247,00 in total over 39 times as shown in the annexed crime list from that day until April 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the police interrogation of the accused (the I statement part concerning the accused);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (including detailed statements of deposit transactions);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The period of the crime with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a long-term period, and the total amount of damage reaches KRW 18,247,00, and the fact that the damage has not been recovered until now is disadvantageous to the defendant.

However, considering the fact that the defendant has no record of punishment exceeding the same criminal record and fine, confession and reflect on the crime of this case, the fact that the preparation for direct damage recovery seems to have been completed, the situation of Article 51 of the Criminal Act and the scope of recommended punishment according to the sentencing guidelines, etc., the punishment as the order shall be determined.

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