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(영문) 청주지방법원 영동지원 2015.10.29 2015고단158
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

From January 1, 2014, the Defendant is in charge of the accounting of the victim as the head of the administrative office of the victim C kindergarten in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and has been in charge of the accounts of the victim (Account Number: NonghyupD) and the corporate card account (Account Number: Nonghyup E).

On March 25, 2014, the Defendant embezzled the property of the victim by consuming the sum of KRW 131,934,084 from each of the above accounts to 138 times until May 6, 2015, as shown in attached Table 1 and Table 2, in order to prepare living expenses, the Defendant embezzled the victim’s property for personal purposes, such as remitting the sum of KRW 131,934,084 from each of the above accounts to the account under the name of the Defendant to the account in order to make up for the living expenses of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and H;

1. Application of Acts and subordinate statutes on the accusation, the details of private use of the passbook for school accounting, the corporation card, the details of private use of the passbook for school accounting, the payment of public funds, the cash receipt and disbursement book approved, the self-inspection report of the school accounting, the cash receipt and disbursement book for the school accounting in 2014, the cash receipt and disbursement book for the school accounting in 2015, the cash receipt and disbursement book for the school accounting, the details of deposits and withdrawal of the passbook for the school account, the detailed statement of deposit and withdrawal, the

1. Relevant Articles 365 and 355 (1) of the Criminal Act concerning the facts constituting an offense and Articles 365 and 355 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the criminal defendant's act of embezzlement of public funds by manipulating accounting documents is not good.

On the other hand, the defendant is against the defendant's wrong judgment, and there is no criminal records.

The Defendant has fully reimbursed the amount of damage.

In addition, various conditions of sentencing, such as the age, character and conduct, family relationship, details and contents of the crime, and circumstances after the crime, etc., are considered.

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