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(영문) 의정부지방법원 2014.06.02 2013고정2271
업무상횡령
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

By December 31, 2012, the Defendant served as a general director of the C Centers in South-gu, Seoul, and the president on behalf of the Defendant, and has been in charge of the affairs of cash withdrawal.

around 10:00 on January 2, 2013, the Defendant embezzled 340,000 won, which was kept in business for the victim’s senior citizens center, by withdrawing 340,000 won, in mind, and consuming it for personal use at the Jindo branch located in 100-6, Nam-gu, Seoul, Yangyang-gu, Yangyang-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes attached to written complaints;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, and the choice of a fine for the crime;

1. A fine of 300,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69 (2) of the Criminal Act for the confinement in a workhouse;

1. The portion not guilty under Article 59(1) of the Criminal Act (the defendant has no record of punishment for the same crime; there is no record of the suspension of execution or heavier punishment; there are circumstances to consider the circumstances leading to the crime in this case; the amount of embezzlement is not large; the degree of violation of duties is minor; the defendant's age and character are considered as follows);

1. The summary of the facts charged is that the Defendant served by December 31, 2012 as the general secretary and the president of the Seoul metropolitan center in Namyang-si, and has been in charge of the custody of the Nonghyup Bank (D) owned by the victim Croup and cash withdrawal.

On January 2, 2013, the Defendant embezzled KRW 190,000, while working on behalf of the victim’s senior citizens center, by withdrawing KRW 190,00,00 in mind and consuming it for personal use at the Jinng Agricultural Branch located in 100-6, Namnam-gu, Seoul, Yangyang-gu, Yangyang-gu, Seoul.

2. In order to establish the crime of occupational embezzlement, another person's property.

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