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(영문) 서울중앙지방법원 2017.06.08 2017고단2449
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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 April 2016 to November 26, 2016, the Defendant is a person who holds office as the secretary of the Jung-gu Seoul Metropolitan Government building B and the victim C organization in Seoul, and has overall control over the affairs of finance, such as the receipt and disbursement of membership fees of the victim.

Around July 26, 2016, the Defendant received 3.6 million won from the above C’s office as a subsidy according to the D business plan from the Seoul Metropolitan Government to the Korean bank account (Account Number: E) with the name of the injured party, and transferred money to the Korean bank account (Account Number:F) with the name of the accused for the sake of the injured party, and used it for the personal investment of the accused around that time, and transferred the money totaling KRW 29,30,000 to November 1 of the same year from the above day to the above day as shown in the list of crimes in attached Table 11.

As a result, the Defendant embezzled the total sum of KRW 29,30,000 on 11 occasions during the course of business custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each passbook and details of each account transaction;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from April to April) of the sentencing criteria [the scope of the recommended punishment] Class 1 (the amount of less than 100 million won) (the person who is subject to special sentencing];

2. As to the crime of this case, the crime of this case, which used the subsidy of 29,330,000 won paid to the victim organization as the source of investment, shall not be less than that of the crime.

The recovery of damage was not made after deducting five million won.

However, the fact that the defendant is led to confession and reflect, there is no less punishment or more punishment than fine for the same kind of crime, and other circumstances such as the age, sex, motive for the crime, and after the crime.

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