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(영문) 청주지방법원 영동지원 2014.09.11 2014고단166
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, 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 September 1, 2013 to February 1, 2014, the Defendant served as a staff member of the Victim C Center located in Chungcheongbuk-gun B and engaged in accounting affairs, such as management and execution of subsidies granted from Young-dong-gun.

On January 24, 2014, the Defendant received KRW 1,197,950 in the name of the victim’s account (Account Number D) from Youngdong-gun and deposited KRW 877,00 in cash at the central point of Young-dong, Young-dong, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-do, and deposited KRW 25 in the name of the Defendant’s agricultural bank account (Account Number E) and consumed it as the Internet gambling fund.

From that time to February 19, 2014, the Defendant spent total of KRW 109,843,579 on a total of 12 occasions, such as the list of crimes in the attached Table, for personal purposes, such as Internet gambling funds.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A written statement;

1. A copy of a passbook for operating subsidies of the C Center;

1. Evidential documents related to the embezzlement of operating subsidies of the C Center;

1. Inquiries about received information;

1. Certificate of deposit balance;

1. A detailed statement of account transactions with the C Center (operating expenses);

1. A statement of transactions in Defendant Agricultural Cooperative Account;

1. Application of the statutes of the Schedule to Transactions of National Bank Accounts by Defendant

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that the defendant reimburses the amount of damage to the defendant, the victim desires to find the defendant's wife against the defendant, the confession of the crime and reflects his/her mistake, and where the defendant is sentenced

1. Probation under Article 62-2 of the Criminal Act;

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