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(영문) 서울서부지방법원 2018.12.11 2018고단343
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from August 25, 2015 to May 15, 2017, is a general official of “D (hereinafter “D”) for the notification of the operation of the Victim C located in Mapo-gu Seoul Metropolitan Government (hereinafter “instant notification officer”), and is a person engaged in the management of the entrance fee, etc. of the instant notification officer.

On September 27, 2015, the Defendant received KRW 210,000 from E from the person who was admitted to the public official room in the instant case to the Defendant’s account (G) in the name of the Defendant, and used it for personal purposes while being kept for the victim, and embezzled KRW 34,06,00 as shown in the crime list from around that time to May 10, 2017.

Summary of Evidence

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

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Complaint;

1. Details of the payment of the deposit fee, the payment status on April 1, 2017, H and I’s account closure screen, financial account transaction details (A), and the application of statutes on the payment status on January 6, 2017

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

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