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(영문) 인천지방법원 부천지원 2013.07.12 2013고단761
업무상횡령
Text

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

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

The Defendant is a public official of Grade D in the local function of the Kimpo-Viewing Administration Bureau and Grade VI belonging to the local government. From September 2007 to February 5, 2013, the above department has been in charge of the receipt and disbursement of cash, etc. in addition to the revenue and expenditure.

On June 30, 2009, the Defendant deposited KRW 8,534,930 from the agricultural branch office located in the Kimpo-dong, Kimpo-dong, Kimpo-si to the Agricultural Cooperative (H) account in the name of the Defendant and embezzled KRW 58,534,930 in total seven times from around that time to June 8, 2010 by using the same method as indicated in the attached list of crimes in the same manner as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes on audit data, details of transactions of public funds for viewing and viewing, and details of transactions of embezzlement accounts in each suspect's name;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor as a matter of choice of punishment (a public official in charge of accounting-related affairs who embezzled a large amount of KRW 58,534,930 over seven occasions for a long period exceeding 11 months even if he/she demands integrity, morality, and ethics, and most of the embezzled money is used for personal debt repayment, insurance premium, etc.; a crime is not good and the defendant selects imprisonment with prison labor as well as the possibility of criticism against the defendant is high);

1. The suspended sentence under Article 62(1) of the Criminal Act is a confession and reflect on the instant crime, the repayment of all the embezzled money before the commission of the instant crime is discovered, and the Kimpo-market shall be punished by the Defendant.

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