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(영문) 청주지방법원 2016.05.10 2015고단760
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from June 2006 to June 10, 2009, performed the business of leasing commercial buildings and fund management in D operated by the victim (a State) who was operated by C in Chungcheong-gun B.

person is a person.

For the management of company funds, including commercial buildings rent, the Defendant embezzled KRW 59,905,000 in total nine times as shown in the list of crimes in the attached Table, such as withdrawing KRW 3,835,00 from the above Agricultural Cooperative Account (Account Number:F) in a branch of the National Agricultural Cooperative Federation of the AFF in the BFF in the large area of the AFF in the 1st of July 2008 and arbitrarily consuming it for personal expenses.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. The reason for sentencing under Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding criminal facts and Article 355(1) of the Selection of Punishment Act [the scope of recommendation] [the scope of punishment] and there is no person [the person who is subject to special sentencing] in the basic field (from April to January 14) [the person who is subject to special sentencing] [the decision of sentence] relationship with the victim, the fact that there is no effort to recover damage, considering the fact that there is no substantial amount of embezzlement and there is no effort to recover damage, it is inevitable to punish the person corresponding

However, considering the fact that there is no criminal record of the same kind, the age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc., the punishment as the order shall be determined within the scope of the recommended punishment according to the sentencing criteria.

It is so decided as per Disposition for the above reasons.

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