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(영문) 대구지방법원 2018.11.15 2018고단3709
업무상횡령
Text

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

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

Reasons

Punishment of the crime

From September 1, 2010 to March 21, 2018, the Defendant is the president of the Dong branch of C University, who has overall control over the overall affairs, such as the management and execution of funds of the Dong branch. The victim is a non-legal entity of C University.

On August 30, 2013, the Defendant collected KRW 76,522,024 as a fixed deposit in cash at the office of the branch office of the C University established in Daegu, Daegu, the total amount of KRW 60,000,000 from the building lease deposit to the Daegu Bank (E). On October 24, 2014, the Defendant deposited KRW 60,000 as a fixed deposit, and used KRW 10,00,000 from the total amount of KRW 6,522,02,024 as living expenses, etc. while using it for the return, etc. of the lease deposit for the building of the building of the Dong branch.

On February 16, 2015, the Defendant voluntarily withdrawn and used KRW 10,000,000 from among the above agricultural regular deposits, and voluntarily withdrawn and used KRW 5,00,000 from among the above agricultural regular deposits on April 6, 2015, and voluntarily withdrawn and used KRW 45,00,000 from among the above agricultural regular deposits on May 19, 2015.

Accordingly, the Defendant embezzled the total amount of 6,522,024 won of the funds of the victim who had been on duty four occasions in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. An invoice for the termination of term deposits for lease, and the application of Acts and subordinate statutes on fixed deposits for welfare;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Reasons for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Embezzlement From 100 million won to 100 million won in the mitigated area of punishment (a person subject to special sentencing] 8 months in imprisonment and a suspended sentence 2 years in imprisonment, and a victim’s money kept on duty as the president 66 million won in a considerable amount of criticism.

However, the crime of this case is committed.

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