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(영문) 춘천지방법원 강릉지원 2016.08.11 2016고단674
업무상횡령
Text

A defendant shall be punished by imprisonment for four 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

The Defendant, from February 2015 to October 2015, has been engaged in the business of managing and paying membership fees to the members while serving as the general duties of “B,” a victim’s incorporated association.

On August 19, 2015, the Defendant, at the office of the victim legal entity located in C at Samyang-si around August 19, 2015, deposited in cash the Nong Bank account under the name of the victim legal entity whose membership fees are deposited in the members of the victim legal entity, withdrawn KRW 70,000 from the Tri-si in the name of the victim legal entity, and voluntarily consumed for entertainment expenses, etc. around that time. From that time to October 13, 2015, the Defendant withdrawn the total amount of KRW 18,488,00 in cash for ten times, as indicated in the list of crimes in attached Table, and voluntarily consumed for entertainment expenses, etc.

Accordingly, the defendant embezzled the victim's property on duty.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) (including inclusive) of the Criminal Act concerning the selection of punishment for the crime;

1. Scope of the recommended sentencing guidelines, which has no record of criminal punishment for the reasons for sentencing under Article 62(1) of the Criminal Act, and a civil agreement is reached on the repayment of the amount of damage: April - January - April 1 year and 4 months (Embezzlement, Type 1, basic area);

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