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(영문) 부산지방법원 동부지원 2016.07.14 2016고단405
무고
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 becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant knew that employees E did not embezzled the amount of money in the store public funds account while operating the "D" mobile phone sales store in Busan Shipping Daegu, the Defendant had been willing to file a false complaint against E as a crime of embezzlement for business purposes on October 201, 201 with the aim of receiving the agreed money.

On April 3, 2015, the Defendant was in charge of D accounting affairs at the public service offices of the Dong branch office of the Busan District Public Prosecutor's Office, 112, Do-ro 19, Busan District Public Prosecutor's Office, Do-ro, Busan

E embezzled totaling KRW 94,514,150 on 66 occasions from March 10, 2007 to September 28, 201 by arbitrarily transferring public funds.

“A complaint was submitted to the effect that it was “,” and on the 21st day of the same month, the Busan Coast Guard stated to the same effect that it was investigated by the complainant.

However, the Defendant was aware that, at the time, under pressure of funds to the extent that it is impossible to pay monthly wage to employees at the time, the Defendant confirmed daily details of transactions in the public fund account, and thoroughly managed the Internet banking, such as direct marketing and purchase status, by directly managing the Internet banking, and transferred public funds to the designated account for the purpose of E employee’s pay, borrowed money and goods payment, and fees for customers, etc. under the Defendant’s instructions.

As a result, the defendant was made to have E receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to the defendant and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other circumstances as set forth below, and the Defendant’s age, sex, environment, and Defendant’s committing the instant crime.

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