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(영문) 부산지방법원 2018.09.06 2018고단3163
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a member of the victim D clan in the Changwon-si, the defendant was a member of the victim D clan in the Changwon-si, and from May 2006 to May 2009, the defendant was engaged in the management of the property of the above clan as the chairperson of the above clan from around May 2015, and he was able to use the victim's property for his personal purpose because of the need for surgery expenses, etc.

The Defendant embezzled KRW 8.1 million in total for personal purposes from around 200 to June 19, 2014, as shown in the list of crimes in the attached Table, while he kept the funds of KRW 8,100,000 in order to build a cream in the land of Jinju, which is the ownership of a clan, for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant, and a protocol concerning the examination of the police;

1. Statement of the police statement related to G;

1. Complaint;

1. Each letter of H, I, and J, each letter of cooperation and fact-finding by K, I's statement, F, L, M, and N's statement;

1. Comprehensive income tax payment status, etc., verification, etc. of payment status, property tax payment status, checking, etc. against interest income of banks, collection statement, etc., clan accounting books, audit report, each audit data, audit data, accounting records, resolutions of the board of directors, records, records of transaction of bank deposits, cash receipt and disbursement details, submission of evidential data, notification of results of joint meeting, response to civil petitions (verification of compensation details), accounting books, details of bank entry and withdrawal details, and data

1. Application of Acts and subordinate statutes to a report on investigation (verification of damage details);

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Application of the sentencing guidelines [the scope of the recommended punishment] Type 1 (less than 100 million won) is subject to mitigation (one month to ten months) (special mitigation factors).

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