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(영문) 대구지방법원 포항지원 2016.03.03 2015고단1338
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 2012 to July 2015, the Defendant worked as the secretary general of the D Center (hereinafter referred to as the “instant Center”) operated by entrusting C University Industry-Academic Cooperation Organization at C University (hereinafter referred to as the “instant Center”) at the victim’s port market from around August 2012 to around July 2015, and was engaged in overall affairs, such as fund management, fund execution,

When managing two accounts in Daegu Bank account (Account Number E,F) and one account account (Account Number G) in the name of the above Center in which the earnings from the external business of the Center are deposited, the Defendant voluntarily transferred KRW 100,000 from the Daegu Bank account (Account Number E) in the name of the Defendant to the Daegu Bank account (Account Number I) in the name of the Defendant from December 13, 2012 when he/she kept the funds deposited in each of the above accounts for the victim on his/her business, and then voluntarily consumed the funds for personal use from the Daegu Bank account in the name of the Defendant from July 10, 2015 to the date of July 10, 2015, including the transfer of KRW 14,278,838 of the funds of the Center of this case to the name of the Defendant and his/her family.

Accordingly, the defendant embezzled the victim's property stored in his/her business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Each investigation report (a copy of the above consignment agreement; attachment of D Center operating rules, etc.; attachment of audit report; attachment of financial account transaction details; attachment of financial account transaction details; attachment of account details of suspect personal account transaction details; attachment of account details under the name of D Center that has withdrawn additional embezzlements; application of the statute

1. Articles 356 and 355 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] Class 2 (the range of punishment shall be more than KRW 100 million to be less than KRW 500 million). The mitigation area (one month to two years of imprisonment), [the person who has been specially mitigated] who has not been punished, or a significant damage has been recovered (the sentence shall be sentenced).

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