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(영문) 수원지방법원 성남지원 2013.04.11 2013고단315
업무상횡령
Text

Defendant

A Imprisonment with prison labor for eight months and for three months, respectively.

However, for two years from the date this judgment has become final.

Reasons

Punishment of the crime

Defendant

A is a person who was the chairperson of the Steering Committee for the Management of the Office of Dtel in Seongbuk-gu from April 2000 to August 201, 201, and Defendant B was working as the head of the living support office of the above Office from September 2000 to April 201, the Defendants were those who were in charge of the duties of receiving and executing the management expenses, etc. of the above Office.

1. The Defendants’ co-offenders in collusion with each other on August 10, 2007 from E-Linna, an occupant of the first floor above the ground level, in the office of the management of the above officetels around August 10, 207.

7.27.20 million won, per year;

8.7.10 million won was remitted to a corporate bank account (G) account in the name of the victim D owner representative meeting as management expenses, and the defendant B transferred the money to the corporate bank account (H) account in the name of the defendant A as management expenses, and the defendant A embezzled the money by using it as a voluntary stock purchase price of the online newspaper, which is an online newspaper operated individually.

2. On November 20, 2007, Defendant A received transfer of KRW 20 million from the national bank account in the name of the victim D owner representative meeting (K) to the national bank account in the name of the defendant A (L) to the national bank account in the name of the victim D owner representative meeting (K) in order to use the above e-mail or former owner in relation to the management expenses litigation with the above e-mail or the J as the above e-mail at the above office of the management office of officetels, and embezzled the money for personal use around that time while he kept it for the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of M;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Articles 356, 355(1), and 30 of the Criminal Act; the Defendants’ choice of punishment and applicable Articles 356, 355(1), and 30 of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: The reason for sentencing of Article 62(1) of the Criminal Act [the decision of type] type of occupational embezzlement [the scope of recommendation].

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