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(영문) 수원지방법원 안양지원 2020.04.09 2019고단2299
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From January 2009 to December 201, 2017, the Defendant was engaged in the management of the C church funds, a victim in Nowon-gu, Seoul Special Metropolitan City.

On February 8, 2010, the Defendant transferred 10,000,000 won, which was kept in the E bank account under the name of the E bank for the victim church, to the E bank account under the name of the Defendant, and consumed it for personal purposes, and then embezzled 475,206,00 won, which was kept in the account managing the funds of the victim church over 80 times from around that time to November 7, 2017, as shown in the separate crime list, or the sum of the church contributions, to the E bank account under the name of the Defendant, after arbitrarily transferring it to the E bank account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Audit report on the fund management procedures, details of funds deposited into an individual account from the church account, statement of expenditure, details of each account transaction in the C intersection E banks, G banks, and H banks, details of account transaction in the E bank account in the name of a suspect, and details of money deposited and withdrawn;

1. The details of accounting reports and the use of church expenses in the year 2015 and the year 2016;

1. A statement that transfers fact-finding certificates and church funds to an individual account;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Article of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor, and the grounds for sentencing;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Extent of the recommended punishment according to the sentencing guidelines [decision of type] Embezzlement and breach of trust, Type 2 (at least KRW 100 million, less than KRW 500 million) [Specially Convicted Persons] mitigated elements: Where the penalty is not granted or significant damage has been recovered (the scope of the recommended area and the range of the recommended punishment] mitigated area, and six months through two years (generally supposed factors): In cases of embezzlement.

3. Determination of sentence: Imprisonment with prison labor for a year and six months; the amount embezzled by the defendant while being in charge of the management of the money as the director of the church finances is large to KRW 470 million; and the crime of this case is committed.

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