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(영문) 청주지방법원 2020.08.14 2020노491
업무상횡령
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In the facts charged at the trial of the political party, the prosecutor changed the following part of the charges: “The defendant, on June 16, 2017, transferred the tuition fee of KRW 2.40,000 from E, the parent of the student, to the F Association passbook (Account Number G) in the name of the defendant, and transferred the above tuition fee to the defendant’s other account on June 17, 2017 for consumption, etc., during the period from around that time to June 11, 2018, he arbitrarily consumed and embezzled the total amount of KRW 2,30,070 in the same way as shown in the annexed crime list, as shown in the annexed crime list:

On June 16, 2017, the Defendant embezzled KRW 240,00,00 from E, the parent of the student of the above private teaching institute, by arbitrarily consuming KRW 3,3270,00 in the same way as indicated in the crime list and crime log (1) between April 10, 2017 and August 20, 2018, while he/she was transferred the tuition fee to the F association account in the name of the Defendant for the sake of the victim on June 17, 2017 and transferred it to another account under the name of the Defendant. In addition, on July 5, 2018, the Defendant embezzled the tuition fee of KRW 240,00 from the student of the above private teaching institute to the N association account in the name of the Defendant, and embezzled the tuition fee of KRW 240,000 in the total amount from 4.57 days to 4.7 days to 257 days to 4.47 days to 275 days to 4.7 days to 27.4 days to 27 days to 27 days of the amendment.

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